The “Act of Incapacity” provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental, physical disorder or inability to communicate.
The law provides the next ways for protection of interests of the person:
Power of attorney (Part 2 of the Act). It means the appointment of the person to whom the management of finance and the general physical condition of the disabled person can be entrusted.
Access to Funds scheme (Part 3 of the Act). This is a way of accessing the
adult’s bank or building society account/s in order to meet his/her living costs.
At the same time, the trustee cannot dispose of finance, e.g. management of investments.
Guardianship order (Part 6 of the Act). Unlike Power of attorney person
guardian is appointed officially, through sheriff court by individuals, or by the local authority where no one else is applying and the adult has been assessed as needing a guardian.
Intervention order (Part 6 of the Act). Usually, it suitable when the single action on behalf of the adult is required. For example, it can be a financial or property transaction or a legal action such as signing a tenancy agreement.