Adults with Incapacity Reform

Consultation Papers

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Adults with Incapacity Reform

This consultation seeks views on proposals for reform to the Adults with Incapacity (Scotland) Act 2000 (AWI).

In 2000, when the AWI act came into force, it was regarded as ground-breaking legislation, essentially a world leader in capacity legislation. For the first time, Scotland had a comprehensive regime to protect the welfare and financial rights of persons lacking in capacity.

International human rights law in this field has developed further since then and we need to ensure that Scotland's law remains fully fit for purpose.

The proposals relate to the following:

·         Graded Guardianships

·         Change of forum for Adults with Incapacity (AWI) cases

·         Creation of supported decision maker role and a supported decision making scheme

·         Clarification of use of powers of attorney in deprivation of liberty cases

·         Creation of short term ‘placement order’

·         Clarification of the interaction between aspects of the AWI legislation and Adult Support and Protection legislation.

The response to this consultation has now been submitted. Please contact the Consultation Response Team ([email protected]) if you have any related queries.

Consultation Documents
Consultation Address
Consultation Body
Scottish Government
  • Scotland



Consultation Close Date
30 Apr 2018
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