Lothian & Borders practice note deals with incapacity counter-craves

The Sheriff Principal of Lothian & Borders has issued a Practice Note (No 1 of 2018) in relation to applications under the Adults with Incapacity (Scotland) Act 2000. 

The practice note does not alter the practice for most applications, but mainly updates practice in light of Aberdeenshire Council v JM [2017] CSIH 65 when there is a counter-crave for appointment as guardian.

Paragraphs 2 and 3(v) of the note deal with the Aberdeenshire Council case. The wording of what is now para 3(o) has been amended to emphasise the need to lodge material to enable the sheriff to be satisfied about the suitability of a person for appointment, and para 3(w) deals with applications for variation under ss 74(4) and 57.

There have otherwise also been some alterations and/or additions to the wording of what are now paras 1, 3(a), 3(b), 3(c), 3(d), 3(k), 3(l), 3(m), 3(p), 3(q), 3(r), 3(s), 3(t), 3(z) and 4(g) of the practice note as compared with the previous Practice Note No 1 of 2016.

Click here to access the practice note. It applies to all applications lodged at Edinburgh Sheriff Court on or after 9 April 2018.