A Practical Guide to the Sheriff Court and Protecting Vulnerable Adults in Scotland – Second Edition

The importance of recognising the extent of law relating to Adults with Incapacity, and fostering a proper application of its terms, continues to increase. While the effect of an aging population inevitably will be a significant consideration, the law also embraces Adults who have conditions such as a Learning Disability or who experience the effects of events such as Stroke or Acquired Brain Injury. It is vital, therefore, that Practitioners can provide the best advice to clients and their families and supporters connected to this complex and developing area of work. It is equally important that other Professionals involved in assisting the lifestyle, finances and treatment of Vulnerable Adults appreciate how the law impacts on their work and informs their decisions. In Scotland, the Adults with Incapacity (Scotland) Act 2000 was the first major legislation passed by the Scottish Parliament which established a comprehensive regime affecting Vulnerable Adults, and reflecting the requirements of the Human Rights Act 1998. Provision was made in relation to matters such as Powers of Attorney, Guardianship and Intervention Orders, as well as authorisation of some forms of Medical Treatment. This Textbook offers a full overview of the content of the 2000 Act, and the practical steps available to Attorneys, Guardians and those advising them in discharging their responsibilities. In Scotland, a comprehensive Review of Mental Health Law was completed in 2022, and how its recommendations may shape the future law is considered within the text. Overall, the expressed intention of the Scottish Government is to embed future legislation with Human Rights Law and to address matters such as the authorisation of Deprivation of Liberty where an Adult becomes incapable. The potential paradigm shift arising from the United Nations Convention on the Rights of Persons with Disability (UNHCR) is also considered. THE AUTHOR David Cobb, a practising Advocate, is an experienced and enthusiastic practitioner with expertise in relation to Mental Health, Adults with Incapacity and Human Rights Law. He has written three published textbooks on the evolving area of Mental Health Law in Scotland, and is a regular contributor to the “Scots Law Times” on significant new cases. David’s other writing projects include a new Chapter for the SULI Environmental Law Textbook and updating the Planning section of the “Scottish Human Rights Service”. David provided advice to the Scottish Government’s Independent Review of Learning Disability and Autism in the Mental Health Act (IMRHA) which was published in December 2019. He is a frequent Speaker at Courses and Conferences, and has been a Trustee of a Mental Health Advocacy Charity since 2017. CONTENTS Chapter One – Towards the 2000 Act Chapter Two – Incapacity and the 2000 Act Chapter Three – The Five Principles Chapter Four – Who Is Involved? Chapter Five – Obtaining Power of Attorney Chapter Six – The Terms of a Power of Attorney Chapter Seven – Operating a Power of Attorney Chapter Eight – Guardianship Orders Chapter Nine – Obtaining a Guardianship Order Chapter Ten – Once a Guardianship Order Is Obtained Chapter Eleven – Managing a Guardianship Order Chapter Twelve – How Guardianship Can Work Chapter Thirteen – Other Aspects of Guardianship Orders Chapter Fourteen – Intervention Orders Chapter Fifteen – Appeals in Relation to Guardianship Orders and Intervention Orders Chapter Sixteen – Other Financial Management Arrangements Chapter Seventeen – Supervision and When Things Go Wrong Chapter Eighteen – What Will It Cost? Chapter Nineteen – Conducting Transactions Chapter Twenty – Deprivation of an Adult’s Liberty Chapter Twenty-One – Negotiating a Care Package Chapter Twenty-Two – Dealing With Emergencies Chapter Twenty-Three – Medical Treatment Chapter Twenty-Four – Things to Come?