Adults with Incapacity Amendment Act: consultation

Part 4 of the Adults with Incapacity Act (AWI Act)  concerns adults who reside in authorised establishments who lack the capacity to manage their financial affairs. Authorised establishments are defined in the AWI Act as health service hospitals, independent hospitals or private psychiatric hospitals, the state hospital, care home services and limited registration services. Part 4 provides a mechanism for managers of those establishments to manage finances to a limited extent on the adult's behalf. 

We propose removing Part 4 from the AWI act due to its low uptake, complexity and the existence of alternative mechanisms such as Access to Funds, Guardianships and intervention orders. This change would simplify decision-making, reduce administrative burdens and provide more accessible support for individuals with incapacity.