Adults with Incapacity Amendment Act: consultation

The principles will only have effect if they are followed by everyone who uses the Adults with Incapacity Act (AWI Act).

At present, training for practitioners points out the need to follow the principles, as does the codes of practice. Sheriffs are expected to consider how the principles have been followed when considering what decisions should be made in respect of the adult. The Office of the Public Guardian  will ask financial guardians if they have been following the principles and practitioners are expected to reflect in their reports how the principles have been adhered to. 

Going forward, with the proposed change in the principles, the requirement to  provide support for the adult to make their own decisions before considering an intervention, and the requirement to ascertain and follow an adult’s will and preferences will mean that there will be an obligation on anyone seeking an intervention under the AWI Act to show how they have adhered to these, as well as the existing principles.

We intend for this to be set out in training. In addition, reports that may require to be prepared for interventions such as guardianship, will require to set out the steps the writer of the report has taken to ensure the principles have been followed. More detail on this is provided in later chapters in this consultation.

It may be considered however that more steps are needed to ensure the principles are followed, and we would be grateful for views as to what additional steps could be put in place to make certain the principles of the AWI Act are followed by any person acting under legislation in accordance with section 1 of the AWI Act.