Adults with Incapacity/The Adults with Incapacity Act

What is it?

The Adults with Incapacity Act is for adults who are not able to make decisions about their care, or their financial affairs, it allows arrangements to be made to help and protect them.

The Act is to protect the adult and all actions taken under the Act must:

• benefit the adult
• be the least restrictive option available
• take into account the adult's present and past wishes
• take into account the views of the adult's nearest relative and others near to them
• encourage the adult to use their skills in making decisions

What does Glasgow City Council do to comply with the Act?

Glasgow City Council has a series of duties to fulfil under the Adults with Incapacity (Scotland) Act 2000. These include providing advice and information to people functioning under the Act to help or support a friend, relative or professional person. The duties include, among others, helping and supporting people who are welfare guardians and investigating situations where people who cannot make their own decisions might be at risk.

What are Social Work Services responsibilities?

For adults with an incapacity we have a responsibility to:

• assess and arrange services for people according to what they need
• encourage and develop a variety of services to respond to what people need

Social Work Services can arrange and pay for services for adults with an incapacity to be provided by the City Council, voluntary organisations, private agencies, and self-help groups.

Apart from initial information and advice it is usually necessary to be assessed for a service. There is no charge for assessment but for some services, for example, home care, there may be a charge.

What if I have an emergency related to an adult with Incapacity?

If you have an emergency:

• within office hours, you will be given an urgent appointment - Find your local social work office
• outwith office hours, phone Social Work Standby Services

For more information see Out of hours service.

Management of resident's funds

Part 4 of the Adults with Incapacity (Scotland) Act 2000, allows managers of authorised establishments (care homes, National Health hospitals and other specified units) to seek authority to manage limited funds of residents whose 'main residence' is the unit for the time being.

This authority is only given if the adult is incapable of managing his or her own funds and if there is no one else available to carry out the task. This cannot be used to manage pensions and most other state benefits.