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Tenancy Agreements – how to support an adult with incapacity

tenancy agreements, adults with incapacity

There are many challenges facing adults with incapacity entering into tenancy agreements in Scotland. The Adults with Incapacity Act is now well established in Scotland. It sets rules which deal with the appointment of guardians for people who lack capacity to deal with their own affairs. Many adults who are “incapable” as defined in the

Power of Attorney vs Guardianship, What’s better?

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each. What is a Power of Attorney? A Power of

Adults with Incapacity; Guardianships – What do the Scottish Courts Require?

Clients who come to us looking for advice on applying for Financial and Welfare Guardianship are often anxious that guardianship involves an application to the court. Most are unaware of the procedures and timescales involved and are surprised to learn their application has to be supported by three independent Reports from: - the adult’s GP, - a

Adults with Incapacity – Would a Guardianship Help?

“Help! My Aunt Has Dementia and No Longer Understands” Jean recently visited the office looking for advice on how she can help her elderly auntie, who’s in hospital. The medical staff caring for Jean’s aunt believe she no longer has capacity to make decisions on her own behalf but have told Jean that she has

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