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Incapacity Law and Practice Certification Course

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  5. Incapacity Law and Practice Certification Course
Location & Date
Location: Online, Zoom
Date TBC
Training Details
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Live Online:

Join this CPD training online at the specified time

CPD Hours: 20
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Advance notice of dates for this course?

Capped at 20 attendees, register your interest now to be the first to hear when registrations open and for an opportunity to secure your space on a first-come-first-served basis. If you are interested in group bookings, please let us know and we can discuss bespoke fees

email CPD@lawscot.org.uk about Advance notice of dates for this course?

Working with adults with incapacity demands deep legal knowledge, sound professional judgement, and practical skills grounded in compassion.  

This course, designed for legal professionals operating within the framework of the Adults with Incapacity (AWI) (Scotland) Act 2000, offers a comprehensive overview of the landscape of incapacity law, alongside practical considerations rooted in day-to-day practice.  

In becoming certified, you will learn the core legal principles essential for working within effectively within the AWI Act. You’ll gain a working understanding of guardianship, intervention orders and powers of attorney, including how to draft them well, when to use them, and how to advise clients effectively. You’ll also explore real life assessments of capacity to develop your ability to manage complex cases, and sharpen your skills in advocacy, communication and conflict resolution. This course also covers emerging and evolving areas of law, including deprivation of liberty, cross-border considerations and the proposed reforms to the 2000 Act, ensuring your learning is not only current, but forward facing.   

Throughout, you’ll have the opportunity to engage directly with speakers and fellow participants to discuss challenging cases and share insights from practice.

Joining this course will also give you access to a host of relevant on-demand modules designed to complement your learning experience.

Course format

Designed with flexibility in mind, this course allows attendees to engage with high-quality content at their own pace through a blend of structured modules, live events, and on-demand resources:

  • Six concise online modules led by expert speakers (14.5 hours CPD)
  • Complimentary access to our annual AWI & Elder Client Conference (6 hours CPD)
  • Complimentary access to a host of relevant on-demand training
  • One written assignment 

Successful completion of this course results in Law Society of Scotland Certification, lasting for three years before renewal.

On-demand access

The course is informed by a blended learning approach, featuring a mix of live online modules, pre-recorded content and private study material. As a course attendee, you will receive complimentary access to live and on-demand training, including but not limited to: 

  • AWI, Guardianship & Elder Client Conference 2025
  • Advanced Powers of Attorney On-demand Webinar 2025 

More to be confirmed.

Course assignment

Details of the final assignment will be released during the course. 

Course components

Week 1: The Foundations of Incapacity Law

  • AWI principles
  • Power of Attorney fundamentals and drafting principles
  • Access to funds
  • The role of the Public Guardian

Week 2: Guardianship in Practice

  • Managing a guardianship
  • Guardianship fundamentals and drafting principles
  • Guardianships v intervention orders

Week 3: Understanding and Assessing Capacity

  • Legal v medical definitions
  • Assessing capacity: a practical exercise
  • S.47
  • 13ZA

Week 4: Emerging Challenges

  • Deprivation of liberty
  • UNCRPD

Week 5: Advanced AWI Issues

  • Advanced powers of attorney 
  • Safeguarders, curators and guardianship court applications 
  • The Scott Review
  • Cross border issues and considerations

Week 6: Client Care Workshop

  • Managing conflict - a scenario based workshop
  • Independent advocacy skills 
  • Communicating effectively with incapacitated clients and their families

Speakers (more to be announced soon)

Sandra McDonald
Sandra McDonald
Advisor, Author and Ex-Public Guardian for Scotland

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