MacKay Hannah

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

Thu 28th Nov 2019

, Hanover Housing Conference Centre

OVERVIEW View Conference Agenda

The way in which adults with incapacity are safeguarded in Scotland is set out in The Adults with Incapacity Act (Scotland) 2000. This addresses how their welfare is protected and how their finances and possessions are managed when they cannot make decisions themselves.

This conference is timed to provide the opportunity to understand and engage with the Scottish Government's proposals following their current stakeholder engagement and to help shape the final recommendations before the legislative process begins.

The Scottish Government consulted in 2018 on its proposals to amend the law in order to comply with both Article 5 of the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities, but also to address proposals from the Office of the Public Guardian to develop a new system of graded guardianship.

Following publication of consultation responses in August 2018, the Scottish Government's current stakeholder engagement will conclude with revised proposed amendments to the law. 

How will changes to the law affect the way in which you and your organisation engage with adults with incapacity, what do you need to know to comply with future changes and to deliver best practice and which aspects of reform should you be understanding and influencing now to help deliver proper safeguards and sensible regulation?

Benefits of Attending

  • Hear from experienced practitioners on what is being proposed and why
  • Examine whether intended changes to legislation, regulation and rights will deliver proper autonomy and legal capacity to the rights of people affected
  • Discuss the proposals for changes to guardianship which go to the heart of the current consultation - how should guardians be supported and supervised and what safeguards need to be adopted?
  • Understand the context and history of the current law and what needs to change to be human rights compliant
  • Learn about the need for, and implications of, multi-agency training and independent advocacy provision
  • Find out whether what is being shaped will properly balance the need to support and uphold people and their rights, with the need for viable care provision
  • Take this opportunity to learn from experts, network with peers, contribute your own knowledge and experience and find out the professional and organisational implications of the coming changes

Who Should Attend

This conference will be relevant for anyone involved in the care and support of adults with incapacity in Scotland including those acting as Guardians, organisations and institutions delivering support, services and care to incapacitated adults, providers of legal advice and guidance, professionals involved in capacity assessments for guardianship orders and anyone acting in a capacity to intervene in the life of an incapacitated adult to protect their rights and freedoms.

This includes lawyers, healthcare professionals, social work and other care staff, providers of residential and home support care services, financial and other organisations engaged with the financial and property interests of incapacitated adults, rights advisors, service managers in public, private and Third Sector care delivery organisations, police and regulatory bodies and anyone with responsibility for understanding and shaping policy and practice in bodies which engage with adults with incapacity.

Delegate offers


Sandra McDonald

Director, EX-PG Ltd (and former Public Guardian for Scotland)

Cesar Rodriguez

Consultant Old Age Psychiatrist, National Clinical Lead (Psychiatry), Improvement hub (ihub), Healthcare Improvement Scotland

Jan Killeen

Author, Report on 'Creating an National Overarching Supported Decision-making Framework for Scotland'

Lisa Kinroy

Senior Solicitor, Brodies LLP

Douglas Waddell

Senior Solicitor, Brodies LLP

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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