SESSION 1: INTRODUCTION

The AWI Principles (Fdn) (12:17)

• Benefit
• Least Restrictive Intervention
• Taking account of past and present wishes and feelings
• Taking account of the views of others
• Encourage participation

Introducing Mary’s case study (Fdn)

SESSION 2: POWER OF ATTORNEY AND GUARDIANSHIP

Power of Attorney (Fdn) (16:32)

• Welfare and/or Finance powers
• Attorneys – How many? What is their Authority? Substitutes?
• Powers – What are they? When do they start?
• PoA Registration

Discussion around Power of Attorney (Fdn) (08:05)

Following on from her video, Sandra discusses some practical issues around Power of Attorney with Susan Torrance – Adult Protection Adviser at NHS Tayside.

• When would be a good time to raise Power of Attorney with patients or residents?
• What do health and care providers need to think about, or be conscious of, around Power of Attorney?

Activity – Exploring Mary’s Power of Attorney (Fdn)

Guardianship – General Information (Fdn) (15:06)

• When is Guardianship needed?
• Guardians – How many? What is their Authority? Substitutes?
• Powers – What are they? When do they start?
• The Application Process for Guardianship

Access to Funds and Intervention Orders (Fdn) (06:41)

• Access to Funds – Money management; Payment for everyday expenses; Use of a ‘download’ account
• Intervention Orders – For a Definitive matter(s); Has a natural completion date; The same application process as guardianship

Financial reporting under Guardianship (Fdn) (22:20)

• Financial Reporting
• Supervision
• Money, gifts and assets
• Managing Property

SESSION 3: CAPACITY

Assessing Capacity (Fdn) (17:08)

• A Presumption of Capacity
• Capacity <=> Incapacity
• Decision Specific Capacity
• 5 tests for Assessing Capacity

Discussion around Capacity (Fdn) (09:42)

Following on from her video, Sandra discusses some practical issues around Capacity with Susan Torrance – Adult Protection Adviser at NHS Tayside.

• Who can Assess Capacity?
• Is there a difference between Assessing Capacity and Assessing Consent to Medical Treatment?
• What does a Section 47 certificate mean and when does it become active?

Activity – Assessing Mary’s Capacity (Fdn)

SESSION 4: THE RIGHTS OF PERSONS WITH DISABILITIES

Supported Decision Making (Adv) (12:52)

• Exercise of Legal Capacity
• Decision Making Influences
• Supporting decision making – your approach and the process
• Best interpretation decision making

Activity – Supported Decision Making in Mary’s case (Adv)

“Respecting” Rights, Will and Preferences (Adv) (12:01)

• Article 12(4) UNCRPD
• What do we mean by ‘Rights’, ‘Will’ and ‘Preferences’?
• Case Example: Stephanie’s story
• Paying Special Regard

Discussion around Fluctuating Capacity (Adv) (03:55)

Following on from her video classes on Supported Decision Making and Respecting Rights, Will and Preferences, Sandra conducts her third and final discussion with Susan Torrance – Adult Protection Adviser at NHS Tayside.

• How can you assess capacity if someone’s presentation fluctuates? eg. alcohol and substance misuse etc.

Activity – Respect for Mary’s Rights, Will and Preferences (Adv)

Activity – How would you deal with Mary’s situation? (Adv)

SESSION 5: INCAPACITY LEGISLATION – NOW AND IN THE FUTURE

The Scottish Mental Health Law Review – Part 1 (Adv) (21:13)

• Overarching purpose
• Revised principles
• Human Rights Enablement
• Supported decision-making
• Autonomous Decision Making

The Scottish Mental Health Law Review – Part 2 (Adv) (20:23)

• Strengthening of power of attorney
• Guardianship, Intervention Orders, Access to Funds and Part 4
• Fusion and Forum
• So, what now [on AWI elements]?

Deprivation of liberty (Adv) (15:47)

• “A gilded cage is still a cage”
• The Scottish Mental Health Law Review – clarity on Deprivation of Liberty
• Likely timeframe for changes
• Until then?

SESSION 6: AWI CLINIC – FOCUSING ON SPECIFIC AREAS OF AWI YOU WANTED COVERED

Section 13ZA (Adv) (04:10)

• The purpose of Section 13ZA
• Can one still rely on Section 13ZA today?
• Potential conflicts with UNCRPD and Deprivation of Liberty

Section 47 (Adv) (14:29)

• What is Section 47?
• How is it currently used?
• Section 47 in relation to current AWI Principles and the UNCRPD
• The Scottish Mental Health Law Review comments on Section 47
• The likely future for Section 47 based on these comments

Authority to Discharge – The MWC Report (Adv) (11:45)

• The ‘Authority to Discharge’ report – key findings
• Recommendations to HSCPs
• Recommendations to the Care Inspectorate
• Recommendations to The Scottish Government

SESSION 7: BRINGING IT ALL TOGETHER

Conflict with an Attorney – ‘To Regard or Disregard’ (Adv) (21:19)

• 6 questions to ask yourself when determining whether an Attorney’s request should be adhered to
• Know your legal obligations
• Develop a policy on compliance with AWI & UNCRPD
• Create a checklist for managing conflicts with Attorneys

Managing Conflicting Issues (Adv) (21:11)

• When principles don’t always neatly align
• Checking the various principles have been met
• Consulting others – a case conference, mediation, advice from authorities
• The importance of good record-keeping

Reporting Concerns and Signs of Abuse (Adv) (10:00)

• Signs of Abuse – Physical / Neglect, Emotional, Financial, Sexual, Self-harm
• What to report and When?
• Who do you report concerns to?

Your Feedback and Thoughts

*Note: Each activity should take around 10-15mins to complete*