James Guthrie & Co Solicitors
Adults with Incapacity (Scotland) Act 2000
The law of Scotland presumes that those over the age of 16 are capable of making personal decisions and managing their own affairs independently. However, when this is not the case the courts may overturn this presumption of capacity where medical evidence states otherwise. The Adults with Incapacity (Scotland) Act 2000 defines “incapable” as somebody who is unable to act, or make decisions, or communicate decisions, or understand decisions or retain the memory of decisions.