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Tenancy Agreements: helping vulnerable adults

Tenancy Agreements: helping vulnerable adults

There are many challenges facing vulnerable adults 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 Act are now in their own tenancies with significant support networks. Earlier this year I spoke at an event on this topic.

This event looked at the challenges faced by adults

Power of Attorney vs Guardianship, what's better?

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. So Power of Attorney vs Guardianship, what's better? 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 Attorney is a legal document appointing someone to act for and make decisions on behalf of the granter. The Power of Attorney

Vulnerable adults - Would a Guardianship Help?

Vulnerable adults - Would a Guardianship Help?

"Help! My Aunt Has Dementia and No Longer Understands". Under Adult with Incapacity Legislation - Would a Guardianship help?

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 no legal authority to make decisions for her aunt.

Jean sought legal advice, which confirmed that as her aunt's nearest