Do pre-AWI appointments need to be renewed?
A. Yes. There was some dubiety within the original Adults with Incapacity (Scotland) Act 2000 (the AwI/Act), as to whether it was necessary for you to renew your order. As a result of a clarification to the AwI Act your former curatory, which transferred to a financial guardianship on the advent of the AwI Act, must be renewed on or before 4 October 2009. The amended AwI Act now stipulates in Schedule 4 paragraph 6, that former curators shall cease to be authorised to act as the adult’s guardian where the person does not apply for renewal within a 2 year period. This particular amendment to the AwI Act commenced on 5 October 2007, consequently the 2 year period within which you must renew completes on 4 October 2009.
