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  • Writer's pictureKenneth Gibson MSP

Adults with Incapacity – Consultation on Proposals for Reform

A new system of ‘graded guardianship’ and changes to the way medical treatment is authorised are included in proposals to strengthen the rights of adults with incapacity.

Graded guardianship means guardians’ rights would be tailored to suit each adult’s circumstances and applied for as long as necessary.

The SNP Government is seeking views on modernising and simplifying the law, meeting commitments detailed in the Mental Health Strategy and Disability Action Plan to review adults with incapacity legislation.

Maureen Watt, Minister for Mental Health said:

“Incapacity can be very complex and impacts on individual lives in many different ways. We want to ensure that legislation is flexible enough to accommodate any issues that incapacity might raise.

“We also will ensure that if a guardianship order is necessary, it is easier to meet the needs of the adult in question.”

Kenneth Gibson MSP added:

“The consultation proposes changes to modernise legislation, improve the way disabled adults are empowered to make their own decisions, with support if required, and simplify the process of guardianship.

“Ministers also want to ensure that guardians are supervised and supported to carry out their significant responsibilities.”

The consultation document is available at:



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