Scottish Government - Adults With Incapacity
Alzheimer Scotland responded to the Scottish Government as part of their consultation on reforms to the Adults with Incapacity (Scotland) Act 2000.
Summary of Response
Alzheimer Scotland's response was informed by people with dementia, carers, professionals and academics..
Alzheimer Scotland welcomed the consultation, recognising the need for reform of the 2000 Act and acknowledged that many of the concerns raised in relation to the Scottish Law Commission's earlier proposals had been addressed.
However, Alzheimer Scotland felt on balance that the proposals were focused too much on reform of the Act itself, whilst not sufficiently addressing the underlying problems of implementation of the legislation.
Within the proposals, Alzheimer Scotland welcomed:
- The proposals around a greater focus Supported Decision Making (SDM), to reduce the use of proxy decision making.
- The proposal to move the legal forum for guardianship from Sheriff Courts to Mental Health Tribunals.
- The proposals to extend section 47 certificates to allow for people to be detained in acute settings for the purposes of physical treatment.
- The focus on the need to provide greater support and information for those be undertaking proxy decision making powers.
Alzheimer Scotland highlighted a number of concerns we had with the proposed reforms, including:
- A lack of oversight and due process within the proposed structure of graded guardianship, particularly at Grade 1.
- Uncertainty about the need for for the introduction of a Short Term Placement Orders, including concern about its link to hospital discharges.
- Significant concern that the use of technology had not been addressed as part of the reform of the Act, especially around its use in relation to restriction of liberty.
- The difficult ethical position in relation to the research proposals, where the person cannot consent.