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Welfare Guardianship and Hospital Discharge in Scotland

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

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Welfare Guardianship and Hospital Discharge in Scotland

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  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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