This good practice guide sets out the law and basic principles related to independent advocacy. This guidance aims to help practitioners make sure that advocacy is encouraged and that the
advocate plays an important role in care and treatment, as intended by the legislation.
Several good practice examples and case studies are included.
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.
The Mental Health (Care and Treatment) (Scotland) Act 2003 imposed a duty on local authorities and health boards to collaborate to ensure the availability of independent advocacy services in their area. The Act gave everyone with mental illness, learning disability, dementia and related conditions the right to access independent advocacy support.
This investigation concerns Ms ST who had learning disabilities, cerebral palsy and diabetes, and is registered blind. She was treated in hospital following a neck fracture. Ms ST was deemed fit for discharge, however, she remained in hospital due to prolonged disagreement between family, health professionals and the Health and Social Care Partnership (HSCP) about discharge plans.
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.
