MacKay Hannah

The Adults with Incapacity Act Seminar - Edinburgh: What you need to know for compliance

Thu 13th Oct 2011

, Brodies LLP - Edinburgh

OVERVIEW View Webinar Agenda

Adult guardianship issues can be difficult, sensitive and challenging for those charged with the responsibility for a vulnerable person.

  • The person comes across as capable but you’re not sure they truly are. How do you know, is there a test?
  • What do you do in borderline capacity cases?  Do you err on the side of capacity or incapacity?
  • How do you balance safety with restriction of liberty?
  • How do you ensure the person’s safety when they are unwilling to comply?

These are just some of the dilemmas that face families and health and welfare professionals on a daily basis.

In Scotland the ‘Adults with Incapacity Act’ is designed to help safeguard the welfare and finances of people who lack the capacity to look after themselves.  For health and welfare professionals determining a person’s incapacity can involve extensive consultation with a wide range of professionals including local authority social work departments, the Office of the Public Guardian and the Mental Welfare Commission.

With contributions from the Public Guardian, senior healthcare and legal practitioners and patient representatives, each interactive half-day training seminar aims to provide participants with an outline of guardianship and ‘Power of Attorney’ issues and a thorough understanding of when and how to apply the ‘Adults with Incapacity Act’.

Featuring contributions from:


  • Sandra Macdonald, The Public Guardian, Office of the Public Guardian
    The background to the need for guardianship
  • George Kappler, Deputy Director, Mental Welfare Commission
    Dignity and respect in healthcare – the needs of patients and relatives
  • Christine O’Neill, Partner, Brodies LLP
    Capacity and non-compliance

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