MacKay Hannah

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


0830-0930 Registration and Refreshments
Session One: Where We Have Come From and Where We Need To Go
0930-0955 Chair's Opening Remarks and Introduction
Sandra McDonald, Director, EX-PG Ltd (and former Public Guardian for Scotland)
  • Adults with Incapacity Law - Context and history
  • Relationship to broader policy and issues
  • Some specifics, including Graded Guardianship and Short Term Placement Orders
0955-1005 Question and Answer Session
1005-1025 Deprivation of Liberty
Prof. Jill Stavert, Professor of Mental Health and Capacity Law, Director - Centre for Mental Health and Capacity Law, Edinburgh Napier University
JillStavert EdinburghNapier
  • 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
1025-1045 Capacity Assessment
Cesar Rodriguez, Consultant Old Age Psychiatrist, National Clinical Lead (Psychiatry), Improvement hub (ihub), Healthcare Improvement Scotland
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  • The purpose of capacity assessments
  • Considerations on what is required to assess capacity effectively
  • A wider group of professionals for making capacity assessments?
1045-1105 Question and Answer Session
1105-1125 Refreshments
Session Two: New Rights, Powers and Entitlements
1125-1145 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?
1145-1205 Statutory Principle on Contravening an Adult's Will and Preferences
Lisa Kinroy, Senior Solicitor, Brodies LLP
  • Understanding the background to the requirement
  • How will this principle operate in practice?
  • What happens if rights, wills and preferences are in conflict?

1205-1225 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
1225-1245 Panel Discussion
1245-1345 Lunch
1345-1350 Chair's Welcome Back
Sandra McDonald, former Public Guardian, Office of the Public Guardian (Scotland)
Session Three: Drilling Down Into Graded Guardianship
1350-1430 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?
1430-1500 In-depth Guardianship Discussion Session
1505 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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