The Adults with Incapacity (Scotland) Act 2000 was introduced to protect individuals with incapacity and to provide support for their families and carers in managing and safeguarding the individual’s welfare and finances. The Act was one of the earliest pieces of legislation passed by the Scottish Parliament.
The Adults with Incapacity (Scotland) Act 2000 sets out a legal framework for regulating intervention in the affairs of Adults who may not have capacity to make important decisions about their finances and/or welfare. This may be as a result of a mental disorder or inability to communicate. The framework is underpinned by principles which enable interventions to be tailored to the needs of the individual.
A two year project was funded by the Executive to monitor how the Act was working. The results were positive, but showed that some changes could be made to streamline procedures and enable more Adults and their carers to benefit from the Act. In particular, major changes have been made to the Access to Funds scheme to widen access to the scheme and to provide more flexibility in how the Adult’s funds can be used and managed for his/her benefit.
The revised edition of the Code of Practice for those authorised to access funds, takes into account the changes to Part 3of the Act, introduced in Part 2 of the Adult Support & Protection (Scotland) Act 2007. The Code of Practice was prepared in collaboration with the Office of the Public Guardian,
The purpose of the Highland Procedures is to focus on Part 3 of the Act which deals with Access to Funds. The Procedure is composed in line with legislation such as Adults with Incapacity (Scotland) Act 2000, Mental Health (care & Treatment) (Scotland) Act 2003 and the Adult Support & Protection (Scotland) Act 2007.
The Highland Procedures will continue to be regularly reviewed and updated to take account of any future changes in legislation, policy and research on best practice in order to ensure the most appropriate outcomes for Adults who lack capacity.
The Procedures should be read in conjunction with the revised Code of Practice for local authorities exercising functions under the 2000 Act.