Response to Improving with Experience Consultation

Adults with Incapacity (2000) Scotland Act

4 November 2005

Scottish Executive website link to original questions:
www.scotland.gov.uk/Publications/2005/08/23175953/00027

1	Yes. However, it was argued that this reduces countersigning to almost the level of witnessing. If a witness is necessary for legal purposes, then any witness should be sufficient and the time requirement is unnecessary. If it is more than a witness that is required, then the person's responsibility needs to be made clear. No convincing argument for this is given.
2	Yes
3	Yes
4	Yes
5	Yes
6a	Yes
6b	Yes
7a	Yes
7b	Yes. The potential for conflicts of interest or even financial abuse need to be addressed. The Public Guardian should be required to investigate and authorise any such organisations. The organisations should be expected to keep accounts and the Public Guardian should be required to check these annually and to carry out unannounced checks at random. There should be no requirement that the scheme is entirely self-funding.
8a	Access to funds, Withdrawer scheme, Withdrawal of funds
8b	Accessor, Withdrawer
9a *	Yes
9b	Yes
9c	No
9d	Yes
9e	Central referral system would help for remote areas. The Public Guardian is the obvious candidate to fulfil this role. However, potential conflicts of interest would need to be addressed. There should be encouragement (including financial support) for voluntary organisations willing to setup not-for-profit guardianship systems.
9f	Low income, low capital, debt, financial exploitation.
9g	Don't know
9h	Need ability to communicate with adult with incapacity and financial skills.
10	Yes
11	Yes
12a	Yes
12b	Yes
13	Yes
14	Yes
15	Yes
16	No. In the past there have been problems of local authorities discharging guardianships too early, with the fear that this has been done for financial or organisational reasons, rather than in the interest of the adult concerned.
17a	Yes
17b	Yes
18a	Yes
18b	Solicitors, District Nurses, Psychologists
18c	Training. Some Solicitors already have had practice in assessing capacity and have their own indemnity cover.

* General comment re Q9
The term 'financial guardian of last resort' puts a very negative view on what should be a matter of finding the best solution for each circumstance. Alzheimer Scotland did not agree with the the position of the government of the day that costs should be recovered in full. The state should play some part in supporting
people who have been disabled through no fault of their own. It was one of the principal aims of the AWI Act to ensure that less well-off adults with incapacity would receive proper protection. The fact that this has not happened as much as it should requires urgent and careful attention and remedial action.

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