Welfare Guardianship and Hospital Discharge in Scotland David J Findlay Alzheimer Europe Conference Brussels 30-05-09.

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Presentation transcript:

Welfare Guardianship and Hospital Discharge in Scotland David J Findlay Alzheimer Europe Conference Brussels

Adults with Incapacity (Scotland) Act 2000 Principles of “AWI” : Benefit Least restrictive option Views and wishes Relevant others (Development of Skills)

AWI definition of Incapacity Understand Communicate “Make” Retain memory Act

Welfare Guardianship Applicant(s) Mental Health Officer Two medical opinions Sheriff

Welfare Guardianship A lengthy application process “The assenting patient” Differing legal opinions Restriction or deprivation of liberty

Hospital Discharge Custom and practice Common law Welfare Guardianship s13ZA (c.f. DoLS)

Ethical Dilemmas Recognition Dissection Information Guidance ANALYSIS Justification

Summary Principled legislation Unusual definition of incapacity Commonly occurring dilemma Pragmatic “solution” for now