CONTENTS

1. PART 1

   GENERAL

   1. General

      1. 1. General principles and fundamental definitions

   2. Judicial proceedings

      1. 2. Applications and other proceedings and appeals

      2. 3. Powers of sheriff

      3. 4. Power of Court of Session or sheriff with regard to nearest relative

      4. 5. Safeguarding of interests in Court of Session appeals or proceedings

   3. The Public Guardian

      1. 6. The Public Guardian and his functions

      2. 7. The Public Guardian: further provision

   4. Expenses in court proceedings

      1. 8. Expenses in court proceedings

   5. The Mental Welfare Commission

      1. 9. Functions of the Mental Welfare Commission

   6. Local authorities

      1. 10. Functions of local authorities

   7. Intimation

      1. 11. Intimation not required in certain circumstances

   8. Investigations

      1. 12. Investigations

   9. Codes of practice

      1. 13. Codes of practice

   10. Appeal against decision as to incapacity

       1. 14. Appeal against decision as to incapacity

2. PART 2

   CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY

   1. 15. Creation of continuing power of attorney

   2. 16. Creation and exercise of welfare power of attorney

   3. 17. Attorney not obliged to act in certain circumstances

   4. 18. Power of attorney not granted in accordance with this Act

   5. 19. Registration of continuing or welfare power of attorney

   6. 20. Powers of sheriff

   7. 21. Records: attorneys

   8. 22. Notification to Public Guardian

   9. 23. Resignation of continuing or welfare attorney

   10. 24. Termination of continuing or welfare power of attorney

3. PART 3

   ACCOUNTS AND FUNDS

   1. 25. Authority to intromit with funds

   2. 26. Application for authority to intromit

   3. 27. Notification of change of address

   4. 28. Purposes of intromissions with funds

   5. 29. Withdrawal and use of funds

   6. 30. Records and inquiries

   7. 31. Duration and termination of registration

   8. 32. Joint accounts

   9. 33. Transfer of funds

   10. 34. Disapplication of Part 3

4. PART 4

   MANAGEMENT OF RESIDENTS' FINANCES

   1. 35. Application of Part 4

   2. 36. Registration for purposes of managing residents' finances

   3. 37. Residents whose affairs may be managed

   4. 38. Financial procedures and controls in registered establishments

   5. 39. Matters which may be managed

   6. 40. Supervisory bodies

   7. 41. Duties and functions of managers of authorised establishment

   8. 42. Authorisation of named manager to withdraw from resident’s account

   9. 43. Statement of resident’s affairs

   10. 44. Resident ceasing to be resident of authorised establishment

   11. 45. Appeal, revocation etc.

   12. 46. Disapplication of Part 4

5. PART 5

   MEDICAL TREATMENT AND RESEARCH

   1. 47. Authority of persons responsible for medical treatment

   2. 48. Exceptions to authority to treat

   3. 49. Medical treatment where there is an application for intervention or guardianship order

   4. 50. Medical treatment where guardian etc. has been appointed

   5. 51. Authority for research

   6. 52. Appeal against decision as to medical treatment

6. PART 6

   INTERVENTION ORDERS AND GUARDIANSHIP ORDERS

   1. Intervention orders

      1. 53. Intervention orders

      2. 54. Records: intervention orders

      3. 55. Notification of change of address

      4. 56. Registration of intervention order relating to heritable property

   2. Guardianship orders

      1. 57. Application for guardianship order

      2. 58. Disposal of application

      3. 59. Who may be appointed as guardian

      4. 60. Renewal of guardianship order by sheriff

      5. 61. Registration of guardianship order relating to heritable property

   3. Joint and substitute guardians

      1. 62. Joint guardians

      2. 63. Substitute guardian

   4. Functions etc. of guardian

      1. 64. Functions and duties of guardian

      2. 65. Records: guardians

      3. 66. Gifts

      4. 67. Effect of appointment and transactions of guardian

      5. 68. Reimbursement and remuneration of guardian

      6. 69. Forfeiture of guardian’s remuneration

      7. 70. Non-compliance with decisions of guardian with welfare powers

   5. Termination and variation of guardianship and replacement, removal or resignation of guardian

      1. 71. Replacement or removal of guardian or recall of guardianship by sheriff

      2. 72. Discharge of guardian with financial powers

      3. 73. Recall of powers of guardian

      4. 74. Variation of guardianship order

      5. 75. Resignation of guardian

      6. 76. Change of habitual residence

   6. Termination of authority to intervene and guardianship on death of adult

      1. 77. Termination of authority to intervene and guardianship on death of adult

      2. 78. Amendment of registration under section 61 on events affecting guardianship or death of adult

      3. 79. Protection of third parties: guardianship

7. PART 7

   MISCELLANEOUS

   1. 80. Future appointment of curator bonis etc. incompetent

   2. 81. Repayment of funds

   3. 82. Limitation of liability

   4. 83. Offence of ill-treatment and wilful neglect

   5. 84. Application to guardians appointed under Criminal Procedure (Scotland) Act 1995

   6. 85. Jurisdiction and private international law

   7. 86. Regulations

   8. 87. Interpretation

   9. 88. Continuation of existing powers, minor and consequential amendments and repeals

   10. 89. Citation and commencement

8. 1. Schedule 1

      Managers of an establishment

   2. Schedule 2

      Management of estate of adult

   3. Schedule 3

      Jurisdiction and private international law

   4. Schedule 4

      Continuation of existing curators, tutors, guardians and attorneys under this Act

   5. Schedule 5

      Minor and consequential amendments

   6. Schedule 6

      Repeals