Re DC (Dispensing with Service of Applications under the Adults with Incapacity (Scotland) Act 2000 on the Adult) [2010] ScotSC 6

An application for Financial and Welfare Guardianship was accompanied by a form purporting to justify dispensing with intimation of the application on the adult. The Sheriff referred to his earlier decision in Re LC [2005] ScotSC 19/5/05 and held that the words in the application that "He is too disturbed and mentally ill" were insufficient to demonstrate that intimation of the application itself would be likely to pose a serious risk to the health of the adult.


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