Retrieved from https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-proposals-reform/pages/2/ [accessed 6 October 2021]
Topics covered by the consultation included:
proposals for a short term placement order to enable adults with incapacity to be moved to a more appropriate setting quickly, whilst longer-term plans for care and wellbeing are being made
discussion about the appropriate judicial forum for cases associated with the adults with incapacity legislation (i.e. whether to change from the existing model involving the local sheriff courts to a possible specialist tribunal)
proposals to move to a model of two or three levels of graded guardianship, with a more streamlined application process - only the most complex cases would be considered either by a sheriff or a full tribunal hearing; the aim being to ensure only the least restrictive powers available to help the adult with incapacity are granted
amending power of attorney to provide for a supportive attorney to help individuals make decisions for themselves, and for clarity on advance consent to possible deprivation of liberty in the future
consolidating work being done across the Scottish Government in supported decision-making; the aim of this is to ensure that individuals are supported to make their own decisions about the matters that affect their lives...