In the final part of our series on the Adults with Incapacity Act for Scotland (AWI), we look at important issues relating to power of attorney (PoA), guardianship, intervention orders and monitoring bodies.
In the first part of our blog series on the Adults with Incapacity Act (Scotland), we examined the background of the Act, and how it applies the terms ‘adult’ and ‘incapacity’ in context. In this week’s blog, we consider some of the AWI’s guiding principles, alongside the assessment process, and how it differs from the Mental Capacity Act as it applies south of the border.
The Adults with Incapacity (Scotland) Act 2000 was one of the first laws established under the new Scottish Parliament formed in 1999, and predates the Mental Capacity Act by five years. While the two Acts do share a lot in common, there are also some key differences it is important to be aware of.