Adults with Incapacity Amendment Act: consultation

Throughout the Adults with Incapacity Act (AWI Act) distinction is made between an adult’s property and financial affairs and an adult’s personal welfare (including healthcare matters). However, the way this distinction is made is different for powers of attorney and guardianship orders.

Under Part 2 of the AWI Act, a power of attorney that relates only to financial matters is known as a “continuing attorney”. This causes confusion and requires repeated explanation to members of the public.

Under Part 6 of the AWI Act a guardianship order can be granted for the protection of the property, financial affairs or personal welfare of the adult.

We consider that there should be easily understood descriptors of the role an attorney or guardian holds. We think these should be the same for both roles.

We recommend changing the term ‘continuing attorney’ to ‘financial attorney’.

A guardian should continue to be known as a guardian with financial, property and/or welfare powers depending on the authority granted to them by the sheriff.