LAUSR

Contents Introduction 1 About this code of practice 1 Terms used 2 Chapter 1 About the Adults with Incapacity (Scotland) Act 2000 4 Who the Act can help 4 What incapacity means under the Act 5 How the Act can help 5 Coexistence of the Act with other measures 7 Principles to be followed 7 Communicating with the person 8 Deciding when a person needs the help of the Act 9 Bodies involved in the regulation of attorneys 9 Provisions relating to nearest relative 10 Displacement or withholding of information from nearest 10 relative Legal Aid 11 Limitation of liability 12 How does the Act protect the adult from abuse? 13 For further information and advice 13 Chapter 2 Creating a power of attorney 14 What is a power of attorney? 14 Statutory requirements for making a valid power of attorney 15 Who can be an attorney? 16 Solicitors or organisations as attorneys 17 Appointment of joint or substitute attorneys 17 Possible powers to be included in a continuing power of 17 attorney Possible powers that may be included in a welfare power 19 of attorney Involvement of prospective attorney at time of granting 20 Granting sufficient powers for an attorney to act 22 iii Costs of acting as an attorney 22 Revocation (cancellation) of a power of attorney 22 Chapter 3 Exercising powers of attorney (continuing and welfare) 24 What responsibilities do attorneys have? 24 Duty of care 25 Fiduciary duty (position of trust) 25 Duty to keep records 25 Duty of confidentiality 25 Liability 26 Action on becoming aware of the adult's incapacity 26 Informing the adult and others 26 What to do if the adult has communication difficulties 27 Holding regular reviews 28 If you think action is needed-apply the principles 28 Check your powers 29 Make sure you can be contacted 30 Responsibility to act 30 What if you encounter resistance to the exercise of your 31 powers? Chapter 4 Specific guidance on exercising continuing powers of attorney 32 Managing the person's finances 32 Review the person's property and financial affairs 33 Find out if anyone else has powers over the person's 34 finances and/or property Find out if anyone has welfare powers in relation to the 34 person Paying for community care services 35 Assessing the need for change 35 Taking stock of the need and timescale for future changes 35 If you think that …