Response 991198036

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Part one: principles of Adults with Incapacity Act

1. Do you agree that the principles of the AWI Act should be updated to require all practicable steps to be taken to ascertain the will and preferences of the adult before any action is taken under the AWI Act?

Please select one item
Yes
No

2. Do you agree that in the AWI Act we should talk about finding out what that adult’s will and preferences are instead of their wishes and feelings?

Please select one item
Yes
No

3. Do you agree that any intervention under the AWI Act should be in accordance with the adult’s rights, will and preferences unless not to do so would be impossible in reality?

Please select one item
Yes
No

Support for decision making

4. Do you agree that the principles should be amended to provide that all support to enable a person to make their own decisions should be given, and shown to have been unsuccessful, before interventions can be made under the Adults with Incapacity Act?

Please select one item
Yes
No
Please a reason for your answer
In the setting of critical care, the patient may lack capacity and a time pressure to provide life-sustaining therapies may limit the time to ensure that all support to enable a person to make their own decisions prior to the implementation of interventions.

5. Do you agree that these principles should have precedence over the rest of the principles in the AWI Act?

Please select one item
Yes
No

How can we ensure the principles are followed?

6. Do you have any suggestions for additional steps that could be put in place to ensure the principles of the AWI Act are followed in relation to any intervention under the Act?

Please select one item
Yes
No

Proposed terminology changes

7. Do you agree with the change of name for attorneys with financial authority only?

Please select one item
Yes
No

Sheriff's power of directions

8. Do you agree with our proposals to extend the power of direction of the sheriff?

Please select one item
Yes
No

Authority of the Public Guardian

9. Do you agree with our proposal to amend the powers of investigation of the OPG to enable, where appropriate, an investigation to be continued after the death of the adult?

Please select one item
Yes
No

Investigations into cases under the Adults with Incapacity Act

10. Do you agree that the investigatory responsibility between OPG and local authority should be split in the manner outlined above?

Please select one item
Yes
No

11. Will these changes provide greater clarity on the investigatory functions of OPG and local authority?

Please select one item
Yes
No

12. Will this new structure improve the reporting of concerns?

Please select one item
Yes
No

Part two: training for attorneys

13. Do you agree with the proposals for training for attorneys ?

Please select one item
Yes
No

Enhancing the safeguards around power of attorney

14. Do you agree that the Office of the Public Guardian should be given power to call for capacity evidence and defer registration of a power of attorney where there is dispute about the possible competency of a power of attorney document?

Please select one item
Yes
No

15. Do you agree that the Office of the Public Guardian should be able to request further information on capacity evidence to satisfy themselves that the revocation process has been properly met?

Please select one item
Yes
No

16. Do you agree that the Office of the Public Guardian should be given the power to determine whether they need to supervise an attorney, give directions or suspend an attorney on cause shown after an investigation rather than needing a court order?

Please select one item
Yes
No

Increasing accessibility of powers of attorney

17. Should we extend the class of persons that can certify a granter’s capacity in a power of attorney?

Please select one item
Yes
No

18. Do you agree that paralegal should be able to certify a granter’s capacity in a power of attorney?

Please select one item
Yes
No

19. Do you agree that a clinical psychologist should be able to certify a granter’s capacity in a power of attorney?

Please select one item
Yes
No

20. Which other professionals can certify a granter’s capacity in a power of attorney?

Please give a reason for your answer
Redacted text

21. Do you agree that attorneys, interveners and withdrawers (under Part 3) should have to comply with an order or demand made by the Office of the Public Guardian in relation to property and financial affairs in the same way as guardians ?

Please select one item
Yes
No

Broadening powers of Public Guardian to order compliance with demands in relation to property and financial affairs of the adult

22. Do you agree that the Public Guardian should have broader powers to suspend powers granted to a proxy under the Adults with Incapacity Act whilst they undertake an investigation into property and financial affairs?

Please select one item
Yes
No

23. Do you agree that the Mental Welfare Commission and local authority should have broader powers to suspend powers granted to a proxy under the Adults with Incapacity Act whilst they undertake an investigation into welfare affairs?

Please select one item
Yes
No

Part six: guardianship orders - medical reports

49. Do you think the requirement for medical reports for guardianship order should change to a single medical report?

Please select one item
Yes
No

50. Do you agree with our suggestion that clinical psychologists should be added to the category of professional who can provide these reports (where the incapacity arises by reason of mental disorder)?

Please select one item
Yes
No

Part eight: proposals to amend the Adults with Incapacity Act in respect of the governance of incapacitated adults participating in research

91. Should the AWI Act be amended to allow the creation of more than one ethics committee capable of reviewing research proposals involving adults lacking capacity in Scotland?

Please select one item
Yes
No

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

92. In research studies for which consent is not required for adults with capacity to be included as participants, should adults with incapacity also be permitted to be included as participants without an appropriate person providing consent for them?

Please select one item
Yes
No

93. Should Scotland A REC (or any other ethics committee constituted under Regulations made by the Scottish Ministers in the future) have the ability to determine that consent would not be required for adults with incapacity to be included as research participants, when reviewing studies for which consent would also not be required to include adults with capacity as research participants?

Please select one item
Yes
No

Pathways for emergency waivers of consent

94. Should the Adults with Incapacity Act be amended to allow researchers to consult with a registered medical practitioner not associated with the study and, where both agree, to authorise the participation of adults with incapacity in research studies in emergency situations where an urgent decision is required and researchers cannot reasonably obtain consent from a guardian, welfare attorney or nearest relative in time?

Please select one item
Yes
No
Please give the reason for your answer
Much of the management in a critical care situation involves immediate interventions provided to patients who are incapacitated due to their critical illness. It is rarely feasible to enrol these patients into a non-CTIMP study due to current Scottish legislation.

95. Should the Adults with Incapacity Act be amended to allow researchers to enrol adults with incapacity in research studies without the consent of an appropriate representative of the adult, in emergency situations where a decision to participate in research must be made as a matter of urgency, where researchers cannot reasonably obtain consent from an appropriate representative of the adult, and where researchers act in accordance with procedures that have been approved by Scotland A REC (or any other ethics committee constituted by regulations made by the Scottish Ministers)?

Please select one item
Yes
No
Please give the reason for your answer
Redacted text

Expanding the list of approved persons who can provide consent for adults with incapacity participating in research

96. Should the Adults with Incapacity Act be amended to permit researchers to nominate a professional consultee to provide consent for adults with incapacity to participate in research, in instances where researchers cannot reasonably obtain consent from a guardian, welfare attorney or nearest relative?

Please select one item
Yes
No

Allowing adults with incapacity to participate in a wider range of research studies

97. In addition to being permitted to participate in research that investigates the cause, diagnosis, treatment or care of their incapacity, should the Adults with Incapacity Act be amended to allow adults lacking capacity to participate in research that investigates conditions that may arise as a consequence of their incapacity?

Please select one item
Yes
No

98. In addition to being permitted to participate in research that investigates the cause, diagnosis, treatment or care of their incapacity, should the Adults with Incapacity Act be amended to allow adults lacking capacity to partake in research that investigates conditions they experience that do not relate to their incapacity?

Please select one item
Yes
No

99. Should the Adults with Incapacity Act be amended to allow adults with incapacity the opportunity to participate in any research regardless of whether the research explores conditions that relate to their incapacity or investigates conditions that they experience themselves?

Please select one item
Yes
No

About you

101. Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation