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Improvements proposed to help adults with incapacity

24th August 2005

New proposals to streamline and simplify the Adults With Incapacity Act are being published by the Scottish Executive today.

The proposals are designed to improve the process of supporting and protecting adults who are unable to make decisions for themselves due to mental incapacity or severe communications difficulties.

Those ideas put forward by the executive include, simplifying processes and procedures where experience has shown them to be overly complex and improving access where current provisions have proved to be too narrow and inflexible.

Deputy Justice Minister, Hugh Henry, said the executive was committed to make sure the act was ground-breaking legislation.

"It has been estimated that the Act could potentially apply to 100,000 people in Scotland and we aim to further ease the task of managing care for adults with whilst maintaining the safeguards already in place.

"A two-year project to monitor implementation of the Act found that it was working and yielding benefits for adults with incapacity; but there were possible issues that needed to be addressed for us to achieve our objectives.

"In my response to the report I gave a commitment to tackle any changes needed and I feel our proposals for streamlining and simplifying procedures and improving access - will improve this already successful legislation further."