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

Published byAdam Hicks Modified over 9 years ago

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Presentation on theme: "Welfare Guardianship and Hospital Discharge in Scotland David J Findlay Alzheimer Europe Conference Brussels 30-05-09."— Presentation transcript:

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

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

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

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

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

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

7 Ethical Dilemmas Recognition Dissection Information Guidance ANALYSIS Justification

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

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