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Welfare Guardianship and Hospital Discharge in Scotland: Insights from Alzheimer Europe Conference

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: Insights from Alzheimer Europe Conference

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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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