Adults with Incapacity Amendment Act: consultation

Closes 17 Oct 2024

Contents

We know that not everyone will wish or feel able to answer all of the questions in this consultation. You’re encouraged to answer the questions you’d like to respond to, but you don’t have to respond to all of them.

The links in the table below correspond to the pages within the consultation. By clicking a link it will take you to the related page and questions. Once you have completed the relevant questions on the page you can click 'Continue' to return here and choose the next page to view.

You will also see the option to ‘Save and come back later' at the bottom of each page. This feature allows you to return to the consultation at a later date without losing the answers you've already entered as part of your response. You do still need to submit your response before the consultation closing date or the response will be lost.

There are some questions you have to answer on the 'About you' page. Once these have been completed you may submit your response.

Page Response
Part one: principles of Adults with Incapacity Act
0 of 3 questions answered
Support for decision making
0 of 2 questions answered
How can we ensure the principles are followed?
0 of 1 questions answered
Proposed terminology changes
0 of 1 questions answered
Sheriff's power of directions
0 of 1 questions answered
Authority of the Public Guardian
0 of 1 questions answered
Investigations into cases under the Adults with Incapacity Act
0 of 3 questions answered
Part two: training for attorneys
0 of 1 questions answered
Enhancing the safeguards around power of attorney
0 of 3 questions answered
Increasing accessibility of powers of attorney
0 of 5 questions answered
Broadening powers of Public Guardian to order compliance with demands in relation to property and financial affairs of the adult
0 of 2 questions answered
Part three: access to funds This page has no questions
Varying pre-existing arrangements on the adult’s account
0 of 3 questions answered
Applications where there is a guardian, continuing attorney or intervener with powers relating to the funds in question
0 of 1 questions answered
Application when there is already authorisation to intromit with the same funds
0 of 1 questions answered
Account held by fundholder in adult’s sole name
0 of 1 questions answered
Transition to Access To Funds from intervention order
0 of 1 questions answered
Sheriffs to be able to approve Access To Funds if previously a guardianship order has been applied for and ATF is deemed a lesser intervention
0 of 1 questions answered
Inclusion of authorised establishments in the Access To Funds scheme
0 of 1 questions answered
Intimation of application
0 of 1 questions answered
Part four: management of residents' finances
0 of 2 questions answered
Part five: adapted section 47 certificate authorising removal of adult to hospital for the treatment of a physical illness or diagnostic tests where they are unable to consent to admission
0 of 4 questions answered
An enhanced section 47 certificate to prevent a person being treated for a physical condition from leaving hospital, whether temporarily or permanently
0 of 7 questions answered
Clarifying the provision of palliative care under Part 5 of the AWI Act where a welfare proxy disagrees with proposed treatment
0 of 2 questions answered
Part six: guardianship orders - medical reports
0 of 2 questions answered
Mental Health Officer and Person with Sufficient Knowledge reports
0 of 4 questions answered
Sheriff discretion to consider Mental Health Officer reports outwith 30 days limit
0 of 1 questions answered
Amendment of interim guardianship order for urgent cases
0 of 3 questions answered
Variation of guardianship order to add financial or welfare powers
0 of 1 questions answered
Length of guardianship orders
0 of 4 questions answered
Adding additional exclusions to the Adults with Incapacity Act
0 of 2 questions answered
Part seven: approach to deprivation of liberty
0 of 2 questions answered
Deprivation of Liberty and powers of attorney
0 of 6 questions answered
Deprivation of Liberty and guardianships
0 of 6 questions answered
Stand-alone right of appeal
0 of 1 questions answered
Deprivation of Liberty and Mental Welfare Commission
0 of 1 questions answered
Appointment of safeguarders/curators ad litem
0 of 3 questions answered
Making financial abuse of an adult lacking capacity a criminal offence
0 of 2 questions answered
Safeguards whilst awaiting discharge from hospital
0 of 4 questions answered
Part eight: proposals to amend the Adults with Incapacity Act in respect of the governance of incapacitated adults participating in research
0 of 1 questions answered
Permitting adults with incapacity to be included in research studies without consent for the types of studies where consent is already not required from adults with capacity
0 of 2 questions answered
Pathways for emergency waivers of consent
0 of 2 questions answered
Expanding the list of approved persons who can provide consent for adults with incapacity participating in research
0 of 1 questions answered
Allowing adults with incapacity to participate in a wider range of research studies
0 of 3 questions answered
About you (Required)
0 of 16 questions answered
Evaluation
0 of 1 questions answered