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The Adults with Incapacity (Scotland) Act 2000 is concerned with ‘adults’ aged 16 or over who are defined as being: 

‘Incapable of acting, making decisions, communicating decisions, understanding decisions or retaining the memory of decisions, by reason of mental disorder or physical disability’ 

An adult with an inability to communicate which can be “made good” by human or physical aid does not fall within the definition of the Act. 

Capacity is not an ‘all or nothing’ state: an adult may be able to make decisions relating to some aspects of their life, but not others. 

The Local Authority has a responsibility to investigate the circumstances of any individual at risk who comes under the powers/functions of the Act and the Local Authority also has a duty to investigate any circumstance made known to them in which the personal welfare of an adult seems to them to be at risk.