Reform To Adults With Incapacity Legislation – Consultation

The Adults with Incapacity Act (Scotland) 2000 sets out the current statutory framework for safeguarding the welfare and managing the finances and property of adults lacking capacity to make those decisions themselves.

Since its enactment in the early part of this century, a number of drivers for reform have emerged. Those have arisen from:

Concerns that the 2000 Act may not be compliant with the right to liberty and security under Article 5 of the European Convention on Human Rights. This arises from certain decisions over the last thirteen years of the European Court of Human Rights and the UK Supreme Court; Concerns that the 2000 Act may not be fully compliant with the UN Convention on the Rights of Persons with...