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Delve into the complexities of welfare guardianship and hospital discharge in Scotland as discussed at the Alzheimer Europe Conference. Explore the principles of the Adults with Incapacity (Scotland) Act 2000 and the ethical dilemmas faced, with a focus on benefit, least restrictive options, and the development of skills.
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Welfare Guardianship and Hospital Discharge in Scotland David J Findlay Alzheimer Europe Conference Brussels 30-05-09
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