Re FB (Incapacity Application) [2005] ScotSC 26

An application for guardianship was sought and granted. The court held that the first question it was to consider was whether the respondent was incapable in relation to decisions about, or of acting to safeguard his interests in, his personal welfare, as a consequence of the mental disorder, and whether this was likely to continue to be so. It was held that this meant much more than just being incapable of making decisions but also being incapable of understanding decisions in relation to his interests in his personal welfare or of acting to safeguard or promote those interests. The next question to consider was whether there was any other means provided by or under the Act which would be sufficient to enable the respondent's interests in his personal welfare to be safeguarded. Finally, the court held that the next question to be considered was whether the interests could be safeguarded otherwise than by guardianship order.

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