Adults with Incapacity (Scotland) Act 2000

The Adults with Incapacity (Scotland) Act 2000 (AWI Act) was one of the first pieces of social legislation passed by the Scottish Parliament. After carrying out an extensive consultation exercise with stakeholders and customers the Act was amended in October 2007 and April 2008. The amendments were brought into force when the Adult Support and Protection (Scotland) Act 2007 received Royal Assent on 21 March 2007.

The AWI Act provides a range of options to help those who are or may become incapable of looking after their own financial or welfare affairs.

Principles of the Act

The AWI Act establishes a set of guiding principles. Those appointed and working with the provisions of the Act should adhere to the following:

Benefit

There shall be no intervention in the affairs of an adult unless it will benefit the adult, and the benefit cannot be reasonably achieved without the intervention.

Take account of the wishes of the adult

Take account of the wishes of the adult - in deciding if an intervention is to be made and, if so, what that should be, account shall be taken of the present and past wishes and feelings of the adult so far as they can be ascertained.

Consultation with relevant other

In deciding if an intervention is to be made, and if so, what that should be, account shall be taken of the views of:

• the nearest relative and primary carer of the adult;
• any guardian, continuing or welfare attorney of the adult who has powers relating to the proposed intervention;
• any person whom the sheriff has directed should be consulted;
• any other person appearing to the person responsible for authorising or effecting the intervention to have an interest in the welfare of the adult or the proposed intervention.