Legal options for someone who has lost capacity

In Scotland, if somebody is medically assessed to be incapable of managing their finances or making decisions about their welfare, the Adults with Incapacity (Scotland) Act 2000 provides protection for them.

The Act says that someone may not have mental capacity if they are unable to:

• make or act on decisions
• communicate decisions
• understand decisions
• remember decisions

The Act provides options for formally supporting someone who does not have mental capacity and has not set up a Power of Attorney that covers what needs to be done.

This guide covers the three options set out in the Act:

• the Access to Funds Scheme
• Intervention Orders
• Guardianship Orders