POA - Glossary of key terms

Capacity

Capacity refers to the ability to make decisions for yourself and to take action based on those decisions. Some people have limited capacity to make decisions if they have a significant learning disability, others have capacity that will diminish due to a progressive condition, such as dementia, or they may have a stroke or accident or brain injury. The Adults with Incapacity (Scotland) Act 2000 states that a person may lack capacity if they are unable to; act on decisions, or make decisions or communicate decisions or understand decisions or retain the memory of decisions. If there is not already a POA in place and someone loses capacity they may require intervention under the AWI act.

Guardianship

Guardianship may be required when a person has lost the capacity to make decisions and have no POA in place. A guardianship order is granted by the sheriff court and gives a person or organisation for instance social work long term legal authority to act on behalf of someone who has lost capacity. This can be for welfare, finances or both. This can be a complicated process and you will have to seek legal advice and support to apply for a guardianship order.

Supported Decision Making

The Scottish Government invested in a significant review of mental health and capacity law - The Scott Review published in September 2022, focuses on supported decision making (SDM). SDM assists health and social work staff in helping people plan future care and support. It covers advanced choices, future decision making, and recording treatment preferences if capacity is lost. It also provides advice on POA, mental health law, and incapacity.

Self Directed Support

In South Ayrshire, we want you to choice, control and flexibility over the social support you receive, so that you can start well, live well and age well. With Self Directed Support (SDS), you decide what support you need to achieve your goals.