The issue of adult incapacity can have a devastating effect of you or your loved ones. Incapacity can be caused by either a physical disability or a mental disorder and means that an adult is incapable of making decisions for themselves, communicating decisions, understanding decisions or indeed retaining memory of decisions.

Capacity is not an "all or nothing" condition. It may be that an adult is capable of operating their day-to-day finances but may need assistance with larger decisions or transactions.

The Adults with Incapacity (Scotland) Act 2000 provides a range of options to help those who are or may become incapable of looking after their own financial or welfare affairs. The main options are as follows:

  • Access to Funds Applications
  • Intervention Orders
  • Guardianship Orders

To speak to a member of our legal team contact us online or telephone one of our offices below to arrange your free initial consultation.

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