THE number of people becoming "welfare guardians" so they can deal with the affairs of a confused loved-one is soaring in Scotland.
Applications for guardianship - which is similar to holding power of attorney - have almost doubled in the last six years.
The surge, which is thought to be due in part to the rising number of elderly people suffering dementia, is said to be placing a strain on the specialist social workers who deal with the applications and oversee the guardians.
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A report by the Mental Welfare Commission (MWC) on the system found local authorities were often failing to conduct supervisory visits to check on private guardians regularly.
In 10 per cent of the cases they looked at, there was no clear evidence the guardian had visited the incapacitated adult in the last six months.
Mike Diamond, executive director for social work with the MWC, said: “The continued steep rise in guardianship applications is concerning. Most relatives find guardianship helpful, but it is a complex legal process, and takes up a considerable amount of time for care professionals, particularly mental health officers."
Legislation dating from 2000 enabled people to become guardians or attorneys for adults who can no longer make decisions for themselves due to mental illness, disabilities or dementia. The system is different from granting someone power of attorney, when the patient themselves agrees to another person conducting their affairs. Senior social workers can become guardians if there is no-one else to deal with key decisions on behalf of a vulnerable adult.
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Dr Gary Morrison, executive director (Medical) at the Mental Welfare Commission, said the process was more convoluted than seeking power of attorney and required two medical reports and consent from a sheriff's court.
Last year 2657 new guardianship applications were granted, up eight per cent on the previous year and up 99 per cent on the 1336 approved in 2009/10.
Dr Morrison said: "It is partly because there has been an increase in the number of conditions where someone might require a welfare guardianship. There are more people with dementia every year and applications for people with dementia compromise just over 40 per cent of all welfare guardianships."
Growing awareness of the human rights of people who are unable to look after themselves is another factor behind the rise, he said.
Dr Morrison added: "I think it is particularly increasing pressure on specialist social workers - mental health officers. There is obviously a finite pool of them and this is only one aspect of their workload.
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"It also puts a burden on the sheriff courts as well because it takes up court time. If it is the family making the application it costs them money as well. There are a number of potential complications from the rise."
With Scotland's elderly population continuing to grow the MWC predicts the number of people requesting guardianship will continue to rise.
Trisha Hall, manager of the Scottish Association of Social Work , welcomed the MWC report. She said mental health officers were spending a lot of time on reports and assessments when their strength was spending time with families and supporting them through a complicated system.
She continued: "A huge issue for joint boards (Scotland's new community care boards) is where they are going to find the money for additional staff to allow mental health officers to work according to their code of ethics particularly in terms of protecting people's human rights."
New data from the MWC also revealed subjecting people to compulsory treatment for mental illness is rising in Scotland. The number of new episodes of compulsory treatment reached 5008 last year - the highest level since the 2003 Mental Health Act was introduced.
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