The Adults with Incapacity (Scotland) Act 2000 authorises a Sheriff to take steps on behalf of a person who has lost capacity to act for himself. The Sheriff must be satisfied that it is appropriate to intervene in the Adult's financial affairs in terms of the principals of the Act. So when can a court intervene in financial affairs?
Our recent case of JM and Mrs JM, is described by the Sheriff as a 'proper' example of this.
In 1997, a couple obtained a