Welfare and Financial Guardianship

Many people don't realise that parents or other next of kin don't have automatic rights over decisions on behalf of the people they care for once they become adults. 

The impact of a person’s learning disability can vary enormously. Most adults with learning disabilities have abilities and capacity in many areas of their life – although they may need support in some aspects of daily living. Others may need considerable support with skills and decision-making.

The Adults with Incapacity (Scotland) Act was passed by the Scottish Parliament in 2000. It offers a range of options to assist an adult who lacks the capacity to make decisions and manage different areas of his or her life. Now it is possible for another adult to be given powers to make decisions on behalf of someone who cannot act for him or herself.  This factsheet gives a brief introduction to the Act and some important key principles.