When a person lacks capacity to make decisions about their finances or welfare then another person (a proxy) can apply to make decisions on their behalf.

The Adults with Incapacity (Scotland) Act 2000 provides a legal basis for safeguarding the welfare and managing the finances and property of adults (age 16 and over) who lack capacity to act or make some or all decisions for themselves because of mental disorder or inability to communicate due to a physical condition.

The following powers can be granted

  • Power of attorney
  • Access to Funds scheme
  • Guardianship order
  • Intervention order

You can find more information at the links below
The Office of the Public Guardian (Scotland) for more on the financial provisions of the AWI (Adults with Incapacity) Act
The Mental Welfare Commission for Scotland for more on the welfare provisions of the AWI Act
The Scottish Government website and AWI website on all the provisions of the AWI Act