Legal Information

Advanced Statements and Named Persons

Any person subject to the Mental Health (Care and Treatment) (Scotland) Act 2003 has the right to make an Advanced Statement and/or nominate a Named Person.  Advanced Statements are documents that are written when the person subject to the 2003 Act is well, outlining their wishes for how they would like to be treated and how they would not like to be treated if they were to become unwell in the future. They can be altered or revoked by the adult at any time when they are well.

A Named Person can be nominated by anyone subject to the 2003 Act when they are well. A Named Person will be able to protect the adult’s interests if they were to become unwell, and they would be contacted and consulted about all aspects of the adult’s care and treatment. The Named Person can be altered or revoked by the adult at any time when they are well.

We outline to any client subject to the 2003 Act their rights with regard to Advanced Statements and Named Persons, and can help vulnerable adults to complete their Advanced Statement and Named Person applications. We can help the adult share their documents with the relevant people in their life. This aims to empower vulnerable adults to safeguard their own wishes and feelings if they are not able to express them in the future.

The Mental Health Act A Guide to Advance Statements  

The New Mental Health Act: A Guide to Named Persons

 

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1926 - 2022