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Adults with Incapacity Reform

Adults with Incapacity Reform

31st January 2018

The Scottish Government is consulting on changes to Adults with Incapacity legislation.

The proposed changes meet commitments given in the Mental Health Strategy and Disability Action Plan, to review the Adults with Incapacity legislation and consider how it reflects the requirements of the UN Convention on the rights of persons with disabilities.

The paper has been prepared with the help of a number of stakeholders. The consultation proposes changes to the Adults with Incapacity legislation which are intended to modernise it, improve the extent to which it empowers disabled adults and simplify the current complex process of guardianship to provide something more flexible.

The proposals for change emerged from an earlier consultation on the Scottish Law Commission's report on Adults with Incapacity in 2016. 

Part of the consultation also concerns how ethical approval for research involving Adults with Incapacity is supported in Scotland. These proposals emerged from an earlier informal consultation in 2017 with the research community across Scotland which attracted significant response.

The consultation is open from 31 January until 30 April. Full consultation paper and further information via available the Scottish Government.  

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