Incapacity
Private Client / Incapacity
The issue of adult incapacity can have profound and often distressing consequences for individuals and their loved ones. When an adult becomes unable to manage their own affairs due to illness, injury, or cognitive decline, it can create legal, financial, and emotional challenges that require careful navigation and professional legal advice.
At Paris Steele we provide compassionate, practical guidance during what can be a difficult time. Whether you're seeking to support a loved one or planning ahead for your own future, our expert solicitors can help you explore the most appropriate legal options.
What Is Adult Incapacity?
Incapacity can arise as a result of a physical disability, mental disorder, dementia, brain injury, or other serious medical condition. It refers to a person's inability to:
- Make informed decisions;
- Communicate those decisions effectively;
- Understand or weigh up the consequences of decisions;
- Retain memory of decisions.
Importantly, capacity is not a fixed state. A person may be able to manage everyday tasks like shopping or paying bills but may require assistance with more complex decisions involving property, healthcare, or legal matters.
Legal Options Under the Adults with Incapacity (Scotland) Act 2000
The Adults with Incapacity (Scotland) Act 2000 provides a legal framework to safeguard the welfare and financial affairs of adults who lack capacity. The Act allows for a range of legal interventions, including:
- Access to Funds Applications
- Intervention Orders
- Guardianship Orders
Why Choose Us?
At Paris Steele, we have extensive experience in advising on and applying for Access to Funds Applications, Intervention Orders, and Guardianship Orders. Our legal team takes a sensitive, tailored approach to every case, ensuring your application is completed as efficiently and stress-free as possible. We understand that dealing with adult incapacity is often unfamiliar territory. Our solicitors are here to provide clear, supportive guidance every step of the way. We work closely with families, carers, and medical professionals across Scotland to ensure the adult’s rights and dignity are upheld.
Get in Touch
If you are concerned about a loved one’s ability to manage their affairs, or if you wish to plan ahead for your own future needs, we can help. Please telephone one of our offices below to arrange your free initial consultation.
