Adults with Incapacity

The Adults with Incapacity (Scotland) Act 2000 aims to protect people who lack capacity to make particular decisions, while also supporting their involvement in making decisions about their own lives as far as they are able. The resources in this section support applying the principles of the Act in practice: benefit, least-restrictive option, taking account of the person's wishes, consultation with relevant others, and encouraging the adult.

Supervising guardians (Dundee Health and Social Care Partnership)

This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority in supervising private welfare guardians. It looks at what a private welfare guardian is, how someone becomes one, and why they are supervised by the local authority. It also covers situations where there is a concern about a welfare guardian, or if the welfare guardian no longer seems necessary.

The video also contains links to other resources.

The local authority as welfare guardian (Dundee Health and Social Care Partnership)

This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority when acting as welfare guardian for an adult. It covers what a welfare guardian is (and how a local authority can become one), a welfare guardian's powers, and how they work in practice. It also covers what happens when these powers don't work as intended, or when a welfare guardian's role ends. Issues of human rights and restrictions of liberty are considered throughout.

No such thing as an AWI: Podcast

This series of podcasts introduces different aspects of the Adults with Incapacity (Scotland) Act 2000. A wide range of people share their perspectives, learning and experiences.

Episodes include:

  • The development of incapacity legislation in Scotland
  • Anne's story (the experiences of a welfare and financial guardian)
  • Assessment of capacity and consent to treatment for Advanced Nurse Practitioners
  • The AWI Act and hospital discharge: Part 1
  • The AWI Act and hospital discharge: Part 2
Series of interlinked hexagons

Comparison of the Adult Support and Protection (Scotland) Act 2007 (ASP) with the Adults with Incapacity (Scotland) Act 2000 (AWI) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT)

This document contains several tables, each of which provides short extracts from the Acts for comparison purposes. These include:

  • Who is subject to the provisions of the ASP, AWI and MHCT Acts
  • A short overview of Orders, Warrants and Certificates
  • The principles
  • Duty to investigate / inquire
  • Duty to co-operate
  • Entry to premises / visits
  • Medical assessment/examination/treatment
  • Examination of records
  • Banning orders / interdicts
  • Urgent action
  • Financial interventions
Cover of comparison report

Adults with Incapacity (AWI) for Health, Social Work and Social Care: Learning resource

This learning resource is designed to support the development of knowledge and understanding of the Adults with Incapacity (Scotland) Act 2000. It aims to support and promote people’s rights in the application of the Act in health, social work and social care.

Included with this resource is an eLearning module, principles of the AWI Act, a podcast, a quick guide, a 'mythbusting' section and a resource library. It is part of TURAS and a free account is required to access the resource.

Screenshot of AWI Act

Money matters: Good practice guide

This guidance is intended to provide a useful overview for a range of practitioners tasked with safeguarding the welfare and finances of adults who lack capacity. It should help provide professionals and relatives/adults with some confidence in understanding ways to effectively manage the finances of a person who cannot manage their finances themselves. While it is not comprehensive, the guidance does cover the main options available for financial management for an adult who has been assessed as lacking capacity.

Cover of good practice guide

Pathway for capacity assessments for protection-based decisions (Grampian): Screening tool

This tool provides a structured way for professionals to consider systematically whether an adult requires a formal assessment of their capacity for decision making. It is designed to support professionals to consider key factors relating to an adult’s capacity at an early point and record that information. This document is featured in the Grampian pathway for capacity assessments for protection-based decisions.

Image of screening tool

The ASPire Hub is a place for everyone working in Adult Support and Protection in Scotland to access and share resources. It is regularly updated and we welcome feedback and new additions!