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The Adults with Incapacity (Scotland) Act 2000

By Tom Monteith, Bird Semple

17 May 2001

By Tom Monteith Bird Semple

It is estimated that the number of adults in Scotland who suffer from impaired legal capacity as a result of dementia is around 60 000.  A further 20 000 adults have learning difficulties that are so severe that they are unable to look after their own affairs and there are many others each year who lose legal capacity because of an accident or illness.  The result is that the number of incapacitated adults in Scotland is currently estimated at around 100 000.

Despite the size of the problem and the fact that it affects one of the most vulnerable groups in society the law in this area has long been in an unsatisfactory state.  This is hardly surprising when one considers that many areas of the law had remained largely unchanged since they were enacted over 100 years ago.  Times of course have changed considerably since then and it is to the credit of the Scottish Parliament that it act...

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