Application in respect of LY

Adult incapacity – Guardianship order – Application for directions. Sheriff Court: In an application under the Adults with Incapacity (Scotland) Act 2000 in which a local authority sought directions in respect of the exercise of power in a guardianship order to restrict contact between an adult, who was incapable of giving informed consent to having sexual relations, and her boyfriend, with whom she wished to have sexual relations, the court was unable to give any directions which would ease the dilemma the council faced, although it suggested that consideration be given to revisiting the question of whether the adult was capable of consenting to sexual relations.

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