Adults with Incapacity Reform

Closed 30 Apr 2018

Opened 31 Jan 2018

Results updated 16 Aug 2018


Published responses

View submitted responses where consent has been given to publish the response.


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.

Why your views matter

Scottish Ministers have committed to a review of the Adults with Incapacity legislation. Earlier consultations have suggested areas where the law needs to change. This consultation is seeking your views on these changes to ensure that any new legislation in this field takes full account of the public's view on these matters. 

Download the consultation paper.


  • Equality, Welfare and Rights
  • Health and Social Care