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Adult Support and Protection (Scotland) Act 2007

Section 56 – Orders about incapable adults’ nearest relatives

89.This section amends section 4 of the 2000 Act. Section 4 previously allowed an adult to apply to the sheriff to have the person who would otherwise be treated as the adult’s nearest relative displaced, for the purposes of the Act. This amendment provides that any person claiming an interest in the adult’s property, financial affairs or personal welfare may apply to have the nearest relative displaced. It also provides that a court may make an order different to the one applied for, e.g. naming a different person from the person specified in the application.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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