This guidance looks at the decision-making process in relation to adults and their mental capacity in Scotland and Northern Ireland. The Act introduced a statutory framework for the medical treatment of incapacitated adults aged 16 or over in Scotland. It acts alongside the common law power to provide treatment in emergencies to people who are unable to give consent. The Act introduced new forms of proxy decision-making and clarified the legal basis on which doctors make decisions about the medical treatment of incapacitated adults.
The Human Rights Act | Equality and Human Rights Commission
Skip the navigation and go straight to content. The legal frameworks that govern the inclusion of adults with incapacity in research in Scotland are:. These frameworks cover many aspects of research; here we provide guidance on the principles of consent when involving adults not able to consent for themselves in Scotland, in the following circumstances.
The Adults with Incapacity Scotland Act introduced a system for safeguarding the welfare and managing the finances and property of any person over 16 years who lacks the legal capacity to do so themselves because of mental disorder or inability to communicate. It explains what is meant by incapacity and sets out the circumstances and the safeguards whereby a local authority social worker or other party such as a relative, friend or carer may obtain powers to enable them to make decisions on behalf of these adults. The Act aims to ensure that solutions focus on the needs of the individual so that decisions are only made on their behalf to the extent that is necessary. The law sets out the roles and responsibilities of anyone authorised to make decisions on behalf of someone with impaired capacity.