Scots law governing incapacity has recently gone through a very important transition following the enactment of the Adults With Incapacity (Scotland) Act 2000 which came fully into force from 1 July 2002.

Under the old law, where an adult prospectively entitled to claim or discharge (IHTM12229) legal rights (IHTM12221) lacked full legal capacity, decisions could, in certain circumstances, be taken on their behalf by a ‘curator bonis’, if necessary, with the approval of the court.

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