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We take it for granted that we, as adults, can make decisions about our own welfare, medical treatment, property and financial affairs. Some adults, however, cannot make such decisions for themselves. They may suffer from a mental incapacity, such as a learning disability, dementing illness or mental health problem. Alternatively, they may have had a stroke or head injury. The extent of their incapacity will dictate what decisions they are able to make about their life. Their relatives, carers and the statutory authorities may all be involved to varying degrees. What people who lack capacity share is a common requirement for a legal framework that acknowledges their right to have a say in their own life, and provides protection when they need it.
This statement sets out our plans to introduce comprehensive legislation in the Scottish Parliament this autumn to protect the rights and interests of adults who lack capacity for whatever reason. The forthcoming Bill is the product of collaboration between government, statutory bodies including the Scottish Law Commission and interest groups. It bridges professional and organisational boundaries. We have consulted and listened to those whose views are informed by experience and expertise and much of what they have told us has been incorporated into our policy. Where we do not agree with them we have explained why.
This is a forward-looking policy, based on modern views of the rights and expectations of those who suffer from incapacity and those who care for them. It is also a Scottish policy. Our legislation will represent a much-needed overhaul of the current Scottish legal system. It will provide a demonstration of how the Scottish Parliament can, in its very early days, improve the matters for thousands of vulnerable people in Scotland and those who care for them. Our Bill will provide statutory solutions to many of the worries and concerns they face and allow them to Make the Right Moves to ensure an independent and secure future.
Although this statement is not being issued specifically for consultation, we would welcome readers' comments on our policy. These can be sent to
Clare Mollison at Scottish Executive,
Justice Department,
Spur V1,
Saughton House,
Broomhouse Drive,
Edinburgh,
EH11 3XD
or by e-mail at clare.mollison@scotland.gov.uk.
We have published a leaflet summarising our plans, also called Making the Right Moves. You can find this on the Scottish Executive's website www.scotland.gov.uk or obtain copies from Clare Mollison at the above address.
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Jim Wallace |
Susan Deacon |
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