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What’s the document and has the hospital done anything about communication with your mother?
The form is under the Adults With Incapacity (Scotland) Act 2000. “Language barrier” is not incapacity and they are wrong to put this on the form. In addition if your brother and mother can communicate it would appear she is not incapacitated because of the stroke. They are trying to use the legislation to cover a situation to suit themselves. Your brother should insist on translating for your mother. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.
Here is the legal definition:
(6)For the purposes of this Act, and unless the context otherwise requires—
“adult” means a person who has attained the age of 16 years;
“incapable” means incapable of—
making decisions; or
communicating decisions; or
understanding decisions; or
retaining the memory of decisions,
as mentioned in any provision of this Act, by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise); and
“incapacity” shall be construed accordingly.
I have bold typed the important bit. The Act states specifically that lack of communication that can be made good by human aid is not incapacity. The hospital has made a grave error here.
The document is inappropriate for the reasons I have just said. They should be dealing with your brother if he is the attorney but he shouldn’t be signing a form which doesn’t apply if you are clear that your mother is not lacking capacity. Your brother should seek a meeting with the consultant.
You’re welcome. Your brother should explain to the consultant that the form is not appropriate and he should show the consultant the legislation I have given you. Inability to understand the language is not incapacity. Don’t forget to leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.