Royal Arms Adults with Incapacity (Scotland) Act 2000

2000 asp 4


 

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Adults with Incapacity (Scotland) Act 2000

2000 asp 4

 
 
 
CONTENTS

PART 1
GENERAL
General
Section 
1General principles and fundamental definitions

Judicial proceedings
2Applications and other proceedings and appeals
3Powers of sheriff
4Power of Court of Session or sheriff with regard to nearest relative
5Safeguarding of interests in Court of Session appeals or proceedings

The Public Guardian
6The Public Guardian and his functions
7The Public Guardian: further provision

Expenses in court proceedings
8Expenses in court proceedings

The Mental Welfare Commission
9Functions of the Mental Welfare Commission

Local authorities
10Functions of local authorities

Intimation
11Intimation not required in certain circumstances

Investigations
12Investigations

Codes of practice
13Codes of practice

Appeal against decision as to incapacity
14Appeal against decision as to incapacity

PART 2
CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY
15Creation of continuing power of attorney
16Creation and exercise of welfare power of attorney
17Attorney not obliged to act in certain circumstances
18Power of attorney not granted in accordance with this Act
19Registration of continuing or welfare power of attorney
20Powers of sheriff
21Records: attorneys
22Notification to Public Guardian
23Resignation of continuing or welfare attorney
24Termination of continuing or welfare power of attorney

PART 3
ACCOUNTS AND FUNDS
25Authority to intromit with funds
26Application for authority to intromit
27Notification of change of address
28Purposes of intromissions with funds
29Withdrawal and use of funds
30Records and inquiries
31Duration and termination of registration
32Joint accounts
33Transfer of funds
34Disapplication of Part 3

PART 4
MANAGEMENT OF RESIDENTS' FINANCES
35Application of Part 4
36Registration for purposes of managing residents' finances
37Residents whose affairs may be managed
38Financial procedures and controls in registered establishments
39Matters which may be managed
40Supervisory bodies
41Duties and functions of managers of authorised establishment
42Authorisation of named manager to withdraw from resident's account
43Statement of resident's affairs
44Resident ceasing to be resident of authorised establishment
45Appeal, revocation etc.
46Disapplication of Part 4

PART 5
MEDICAL TREATMENT AND RESEARCH
47Authority of persons responsible for medical treatment
48Exceptions to authority to treat
49Medical treatment where there is an application for intervention or guardianship order
50Medical treatment where guardian etc. has been appointed
51Authority for research
52Appeal against decision as to medical treatment

PART 6
INTERVENTION ORDERS AND GUARDIANSHIP ORDERS
Intervention orders
53Intervention orders
54Records: intervention orders
55Notification of change of address
56Registration of intervention order relating to heritable property

Guardianship orders
57Application for guardianship order
58Disposal of application
59Who may be appointed as guardian
60Renewal of guardianship order by sheriff
61Registration of guardianship order relating to heritable property

Joint and substitute guardians
62Joint guardians
63Substitute guardian

Functions etc. of guardian
64Functions and duties of guardian
65Records: guardians
66Gifts
67Effect of appointment and transactions of guardian
68Reimbursement and remuneration of guardian
69Forfeiture of guardian's remuneration
70Non-compliance with decisions of guardian with welfare powers

Termination and variation of guardianship and replacement, removal or resignation of guardian
71Replacement or removal of guardian or recall of guardianship by sheriff
72Discharge of guardian with financial powers
73Recall of powers of guardian
74Variation of guardianship order
75Resignation of guardian
76Change of habitual residence

Termination of authority to intervene and guardianship on death of adult
77Termination of authority to intervene and guardianship on death of adult
78Amendment of registration under section 61 on events affecting guardianship or death of adult
79Protection of third parties: guardianship

PART 7
MISCELLANEOUS
80Future appointment of curator bonis etc. incompetent
81Repayment of funds
82Limitation of liability
83Offence of ill-treatment and wilful neglect
84Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
85Jurisdiction and private international law
86Regulations
87Interpretation
88Continuation of existing powers, minor and consequential amendments and repeals
89Citation and commencement
 

 
    Schedule 1-Managers of an establishment
    Schedule 2-Management of estate of adult
    Schedule 3-Jurisdiction and private international law
    Schedule 4-Continuation of existing curators, tutors, guardians and attorneys under this Act
    Schedule 5-Minor and consequential amendments
    Schedule 6-Repeals
 


 

continue

Explanatory Note
 
 
 
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