MacKay Hannah

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


0845-0930 Registration and Refreshments
Session One: Where We Have Come From and Where We Need To Go
0930-1050 Chair's Opening Remarks, Setting the Scene and Keynote Address
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
1050-1120 Refreshments
1120-1200 Capacity Assessment: myths and clinical issue
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?
Session Two: New Rights, Powers and Entitlements
1200-1230 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?
1230-1245 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 Statutory Principle on Contravening an Adult's Will and Preferences
Lisa Kinroy, Senior SolicitorBrodies LLP
Douglas Waddell, 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?
1430-1510 Supporting Decision Making
Jan Killeen, Author, Report on 'Creating an National Overarching Supported Decision-making Framework for Scotland'
  • What changes are needed to meet the right to decision-making support for adults with cognitive disability?
  • How can decision-making support be delivered effectively?
  • Learning from recent research
1510 Q&A and 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