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.

Pathway for capacity assessments for protection-based decisions (Grampian)

This pathway is designed to clarify the process for seeking a capacity assessment where there are protection-based decisions linked to concerns about mental incapacity. Included with the pathway are guidance notes, information on escalation arrangements, and appendices that provide suggested text to request capacity assessments.

Overview of pathway diagram

ASPire 2024: Office of the Public Guardian (input 1) and Supported Decision Making (input 2) (webinar)

This is an ASPire webinar from August 2024.  Fiona Brown from the Office of the Public Guardian (OPG) is talking about the national role and remit of the OPG, and its links to Adult Support and Protection. There is also a presentation from Pearse McCusker and Lauren Gillespie concerning supported decision making. Supported decision making aims to protect a person’s ‘legal capacity’, or their right to have their will and preferences upheld.

ASPire August 2024

Decision-specific screening tool (Renfrewshire)

This tool can be used where there is doubt about the adult's capacity to make and/or implement a specific decision. It aims to assist a practitioner consider the various elements involved in the decision-making process. It is not suitable for medical or complex decisions.

Renfrewshire Council logo

Supported decision-making: Good practice guide

Supported decision-making maximises an individual’s ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them. This guidance is aimed at those working with people who may have difficulty making decisions - this could be due to mental illness, dementia, a learning disability, or another condition. The guidance sets out how people can be supported to ensure that decisions made by or about them genuinely reflect their choices.

Cover of Supported Deciosn Making guide

Learning from Learning Reviews: Ms A (Aberdeen)

This one-page briefing highlights the main learning points from the case of Ms A., an 87 year-old woman. Concerns in this case related to domestic abuse, coercive control, professional curiosity, and mental capacity. The briefing can be used by other areas to reflect on their own practice.

Ms A Learning Review

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!