Sheriff Sends Mother to Care Home
The recent case of Minutes for Direction by doctor AB illustrates the power of the Sheriff Court in determining where an “incapax” adult should reside. Incapax means that the adult can no longer make informed decisions about their affairs, so a guardian is often appointed to do this for them. The mother had Alzheimer’s disease and so her daughter was her guardian – she made the decisions about her mother’s welfare, property and finances. The daughter’s powers extended to making arrangements for the long term care of her mother, but she had not yet done so, meaning the mother had been in and out of NHS hospitals for three years...
