New National Practice Note for Adults with Incapacity Applications (PN no. 1 of 2026)

Practitioners dealing with applications under the Adults with Incapacity (Scotland) Act 2000 should be aware that a new national Practice Note has now been issued.

The Practice Note has been developed to provide a consistent approach across Scotland and is broadly modelled on the existing Practice Notes used in Glasgow and in Lothian and Borders. Its introduction marks an important step towards greater uniformity in court practice, ensuring that agents have a clear understanding of the court's expectations regardless of where in Scotland an application is being made.

By establishing a single set of guidance for all sheriff courts, the Practice Note aims to improve consistency, reduce uncertainty and assist practitioners in preparing applications that meet the court's procedural requirements.

Members are encouraged to familiarise themselves with the Practice Note and to refer to it when preparing and presenting applications under the Adults with Incapacity (Scotland) Act 2000.

A copy of the Practice Note is available here for ease of reference.