MacKay Hannah

Reform of Adults with Incapacity Law in Scotland: Understanding and shaping what is coming next


0830-0930 Registration and Refreshments
0930-0935 Chair's Opening Remarks
Sandra McDonald, Director, EX-PG Ltd (and former Public Guardian for Scotland)
Session One: Where We Have Come From and Where We Need To Go
0935-0955 Keynote Address
  • Adults with Incapacity Law - Context and history
  • Relationship to broader policy and issues
  • Compliance with the UN Convention on the Rights of Persons with Disabilities
0955-1005 Question and Answer Session
1005-1025 Statutory Principle on Contravening an Adult's Will and Preferences
  • Understanding the background to the requirement
  • How will this principle operate in practice?
  • What happens if rights, wills and preferences are in conflict?
1025-1045 Short Term Placement Orders
  • The purpose of short term placement orders
  • Making sure short term placements do not become long term placements by default
  • Making provision so that short term placements can be given effect
1045-1105 Question and Answer Session
1105-1125 Refreshments
Session Two: New Rights, Powers and Entitlements
1130-1150 What Would Advanced Directives Mean?
  • Is there a need for Advanced Directives in legislation?
  • What can we learn from existing mental health legislation and advance statements?
  • How can we make best progress in the interest of patients?
1150-1210 Deprivation of Liberty
  • What is a reasonable definition of deprivation of liberty?
  • The need for short and long term capacity loss and changing situations to be covered by law
  • Getting to clarity in balancing rights and rulings, supporting decision making and delivering viable care
1210-1230 Supporting Decision Making
Jan Killeen, Author, Report on 'Creating an National Overarching Supported Decision-making Framework for Scotland'
  • Delivering more support for adults to make their own decisions
  • Official supporters or official support for adults with incapacity making decisions?
  • Safeguarding, supervision and transparency in supporting decision making
1230-1250 Panel Discussion
1250-1350 Lunch
1350-1355 Chair's Welcome Back
Sandra McDonald, former Public Guardian, Office of the Public Guardian (Scotland)
Session Three: Support, Supervision, Structures for Delivery and Broader issues
1355-1415 Graded Guardianship
  • An overview of graded guardianship
  • What should a better graded guardianship model be trying to achieve?
  • Where do we stand in current thinking and discussion on graded guardianship?
1415-1435 Graded Guardianship - Finance and Welfare Supervision
  • How would supervision apply to finance under the model?
  • How would supervision apply to welfare under the model?
  • What would be the overall impact of the proposed changes?
1435-1515 In-depth Guardianship Discussion Session
1515 Chair's Closing Remarks

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Excellent programme, very informative and gave me ideas I want to pursue in relation to my work plan.

Margaret Stewart, Lifecare,
Care of Older People in Scotland 2016

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