LC, Re Incapacity Application [2005] ScotSC 29 (19 May 2005)

LC, Re Incapacity Application [2005] ScotSC 29 (19 May 2005)

The court cannot dispense with intimation to the adult unless provided with clear, specific reasons supporting the medical opinion that intimation would likely pose a serious risk to the adult's health; mere repetition of statutory language is insufficient.

Citation
[2005] ScotSC 29
Parties
Adult: Mrs LC; Applicant: Applicants
Jurisdiction
Scotland
Judgment Date
19 May 2005
Procedural Posture
Summary Application for Welfare Guardianship / Application for Dispensation of Intimation Under Adults With Incapacity (scotland) Act 2000
Outcome
Application for dispensation of intimation not granted.
Legal Topics
Welfare Guardianship, Dispensation of Intimation, Adults With Incapacity
Mental Health Law Elder Law Welfare Guardianship Dispensation of Intimation Adults With Incapacity

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Parties

Mrs LC

Adult

Applicants

Applicant

Procedural Posture

Summary Application for Welfare Guardianship / Application for Dispensation of Intimation Under Adults With Incapacity (scotland) Act 2000

Legal Issues

  1. 1 Whether the court should dispense with intimation of the application upon the adult under section 11 of the Adults with Incapacity (Scotland) Act 2000

Ratio Decidendi

The court cannot dispense with intimation to the adult unless provided with clear, specific reasons supporting the medical opinion that intimation would likely pose a serious risk to the adult's health; mere repetition of statutory language is insufficient.

Court Disposition

Application for dispensation of intimation not granted.

Orders

  • Court requires clear and specific reasons in medical certificates before dispensing with intimation to the adult.