DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer
Councils must safeguard adults with incapacity. This means protecting the rights, welfare, and safety of people who cannot make some or all decisions for themselves because of illness, disability, or other conditions that affect their capacity. The law allows certain decisions—such as about money, care, or medical treatment—to be made on their behalf, but always in a way that benefits the person, uses the least restrictive option, and respects their wishes as far as possible.
Legal status
Statutory
Duty category
Adult social care
Duty type
Public facing
Social determinant of health
Health and social care
Emerging policy and legislation
1
Bodies with shared interest
Office of the Public Guardian
Mental Welfare Commission
Health Boards
Scottish Courts
Social Work Scotland
Standards and frameworks
1