4.5 Adults: balancing rights and risks
Personalisation is all about choice and control, and the improved outcomes which can result from making decisions about your own care and support. But what if those choices pose a risk of harm to the person who makes them? Or somebody else?
People who are over 16 are presumed to be able to make their own decisions - unless those decisions can be proved to be harmful to themselves or others. The Adults with Incapacity (Scotland) Act 2000 provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity to make decisions due to, for example, a learning disability or dementia, or because they cannot communicate their decisions to other people. One of the findings of the evaluation of self-directed support test sites in Scotland (Ridley et al., 2011) was that adult protection and self-directed support policy and practice needed to be much better integrated - both to protect adults from harm and to enable adults to take positive, life-enhancing risks.
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(Scottish Human Rights Commission)