Adults with Incapacity (Scotland)
Act 2000
CONTENTS
PART I
GENERAL
General
1.General principles and fundamental definitions
Judicial proceedings
2.Applications and other proceedings and appeals
4.Power of Court of Session or sheriff with regard to nearest relative
5.Safeguarding of interests in Court of Session appeals or proceedings
The Public Guardian
6.The Public Guardian and his functions
7.The Public Guardian: further provision
Expenses in court proceedings
8.Expenses in court proceedings
The Mental Welfare Commission
9.Functions of the Mental Welfare Commission
Local authorities
10. Functions of local authorities
Intimation
11.Intimation not required in certain circumstances
Investigations
Codes of practice
Appeal against decision as to incapacity
14.Appeal against decision as to incapacity
PART 2
CONTINUING
POWERS OF ATTORNEY
AND WELFARE POWERS
OF ATTORNEY
15.Creation of continuing power of attorney
16.Creation and exercise of welfare power of attorney
17.Attorney not obliged to act in certain circumstances
18.Power of attorney not granted in accordance with this Act
19.Registration of continuing or welfare power of attorney
22.Notification to Public Guardian
23.Resignation of continuing or welfare attorney
24.Termination of continuing or welfare power of attorney
PART 3
ACCOUNTS AND
FUNDS
25.Authority to intromit with funds
26.Application for authority to intromit
27.Notification of change of address
28.Purposes of intromissions with funds
29.Withdrawal and use of funds
31.Duration and termination of registration
PART 4
MANAGEMENT OF
RESIDENTS' FINANCES
36.Registration for purposes of managing residents' finances
37.Residents whose affairs may be managed
38.Financial procedures and controls in registered establishments
39.Matters which may be managed
41.Duties and functions of managers of authorised establishment
42.Authorisation of named manager to withdraw from resident's account
43.Statement of resident's affairs
44.Resident ceasing to be resident of authorised establishment
PART 5
MEDICAL TREATMENT
AND RESEARCH
47.Authority of persons responsible for medical treatment
48.Exceptions to authority to treat
49.Medical treatment where there is an application for intervention or guardianship order
50.Medical treatment where guardian etc. has been appointed
52.Appeal against decision as to medical treatment
PART 6
INTERVENTION ORDERS
AND GUARDIANSHIP
ORDERS
Intervention orders
54.Records: intervention orders
55.Notification of change of address
56.Registration of intervention order relating to heritable property
Guardianship orders
57.Application for guardianship order
59.Who may be appointed as guardian
60.Renewal of guardianship order by sheriff
61.Registration of guardianship order relating to heritable property
Joint and substitute guardians
Functions etc. of guardian
64.Functions and duties of guardian
67.Effect of appointment and transactions of guardian
68.Reimbursement and remuneration of guardian
69.Forfeiture of guardian's remuneration
70.Non-compliance with decisions of guardian with welfare powers
Termination and variation of guardianship and replacement, removal
or resignation of guardian
71.Replacement or removal of guardian or recall of guardianship by sheriff
72.Discharge of guardian with financial powers
73.Recall of powers of guardian
74.Variation of guardianship order
76.Change of habitual residence
Termination of authority to intervene and
guardianship on death of adult
77.Termination of authority to intervene and guardianship on death of adult
78.Amendment of registration under section 61 on events affecting guardianship or death of adult
79.Protection of third parties: guardianship
PART 7
MISCELLANEOUS
80.Future appointment of curator bonis etc. incompetent
83.Offence of ill-treatment and wilful neglect
84.Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
85.Jurisdiction and private international law
88.Continuation of existing powers, minor and consequential amendments and repeals
Schedule 1-Managers of an establishment
Schedule 2-Management of estate of adult Schedule 4-Continuation of existing curators, tutors, guardians and attorneys under this Act Schedule 6-Repeals