The importance of recognising the extent of law relating to Adults with
Incapacity, and fostering a proper application of its terms, continues
to increase. While the effect of an aging population inevitably will be
a significant consideration, the law also embraces Adults who have
conditions such as a Learning Disability or who experience the effects
of events such as Stroke or Acquired Brain Injury.
It is vital, therefore, that Practitioners can provide the best advice
to clients and their families and supporters connected to this complex
and developing area of work. It is equally important that other
Professionals involved in assisting the lifestyle, finances and
treatment of Vulnerable Adults appreciate how the law impacts on their
work and informs their decisions.
In Scotland, the Adults with Incapacity (Scotland) Act 2000 was the
first major legislation passed by the Scottish Parliament which
established a comprehensive regime affecting Vulnerable Adults, and
reflecting the requirements of the Human Rights Act 1998. Provision was
made in relation to matters such as Powers of Attorney, Guardianship and
Intervention Orders, as well as authorisation of some forms of Medical
Treatment.
This Textbook offers a full overview of the content of the 2000 Act, and
the practical steps available to Attorneys, Guardians and those advising
them in discharging their responsibilities. In Scotland, a full Review
of Mental Health Law is in progress which will address how the
requirements of the United Nations Convention on the Rights of Persons
with Disability (UNHCR) will be implemented. The textbook also will
consider what changes in law and practice are likely to arise from the
relevant parts of the Review and the possible paradigm shift mandated by
the UNCHR.
