Adults with Incapacity

Information on the Adults with Incapacity Act and what our responsibility as a council and service is.


What is it?

The Adults with Incapacity Act (Scotland) 2000 (opens new window) is for adults who are not able to make decisions about their care, or their financial affairs, it allows arrangements to be made to help and protect them.

The Act is to protect the adult and all actions taken under the Act must:

  • Benefit the adult
  • Be the least restrictive option available
  • Take into account the adult's present and past wishes
  • Take into account the views of the adult's nearest relative and others near to them
  • Encourage the adult to use their skills in making decisions


What does West Lothian Council do to comply with the Act?

West Lothian Council has a series of duties to fulfil under the Adults with Incapacity Act (Scotland) 2000 (opens new window) . These include providing advice and information to people functioning under the Act to help or support a friend, relative or professional person. The duties include, among others, helping and supporting people who are welfare guardians and investigating situations where people who cannot make their own decisions might be at risk.


What are Social Work Services responsibilities?

For adults with an incapacity we have a responsibility to:

  • Assess and arrange services for people according to what they need.
  • Encourage and develop a variety of services to respond to what people need Social Work Services can arrange and pay for services for adults with an incapacity to be provided by the  Council, voluntary organisations, private agencies, and self-help groups.

Apart from providing initial information and advice it is usually necessary for someone to be assessed for a service. There is no charge for assessment but you may be require to contribute to the cost of some services, for example, home care, if it is required.


What if I have an emergency related to an adult with Incapacity?

If you have an emergency:

Within office hours:

Phone or email our Adult Social Care Enquiry Team Adult Social Care Enquiry Team (ASCET)


Outwith office hours:

Contact our Social Care Emergency Team

For more information see Out of Hours Care Emergency


Management of resident's funds

Part 4 of the Adults with Incapacity (Scotland) Act 2000, allows managers of authorised establishments (care homes, National Health hospitals and other specified units) to seek authority to manage limited funds of residents whose 'main residence' is the unit for the time being.

This authority is only given if the adult is incapable of managing his or her own funds and if there is no one else available to carry out the task. This cannot be used to manage pensions and most other state benefits.