Publisher's Synopsis
To contribute to the debate on guardianship in Scotland, this publication brings a historical perspective, an account of problems in practice and a census of Scottish guardianship cases together. It concludes that the current debate on guardianship within the context of decision-making for mentally incapacitated adults and its relation to fund management provide an opportunity to establish a new balance between public and private guardians; to clarify the legal status of wards; to include both cognitive and functional aspects of capacity and their relationship through guardianship to welfare benefit and to create ease of access to such a framework via courts, tribunals or hearings.