THOUSANDS of Scotland's most vulnerable people are at risk because safeguards to protect them are not being implemented, a new report has warned.
The document produced by the Mental Welfare Commission highlights the case of a couple under a power of attorney order.
Mr and Mrs D have learning difficulties and were abused by a relative for six years financially and physically. He had coerced them into giving him power of attorney, letting him take control of their affairs.
The report raises wider concerns about 200,000 Scots who have handed over welfare and finance decisions to others. The report criticises the Law Society of Scotland, Scotland's councils and the Office of the Public Guardian for not providing appropriate guidelines or implementing safeguards.
It also calls for urgent changes to legislation.
The commission asked all local authorities if they had used safeguards in the power of attorney legislation, where they can order the court to investigate or initiate a public guardian. None had.
George Kappler, deputy chief executive at the commission, chaired the probe. He said: "We did this investigation because we think this is a problem across the country and it has implication for the medical profession, lawyers, and local authorities. We were contacted by a number of people who believe relatives were being abused under orders. If just 1% are abused this still affects 2000 people in Scotland.
"The story of Mr and Mrs D -has a happy ending, but had the local authority used the powers available to them, they could have saved them from years of feeling abused and controlled.
He added: "Lawyers and doctors certifying powers of attorney must properly assess whether someone has the capacity to grant a power of attorney, and whether they are doing so without intimidation."
Powers of attorney were introduced in the Adults with Incapacity Act, one of the first major pieces of legislation passed by the Scottish Parliament. About 40,000 such orders are granted in Scotland each year.
In Mrs and Mrs D's case the report found a lack of understanding of the law and poor communication between agencies left the couple vulnerable.
Mr Kappler added: "The Law Society needs to update its guidance to lawyers to take account of the changes in the legislation in relation to Powers of Attorney. And social workers must be aware of local authorities' responsibilities under the law, and when they should take action.
"Certain bits of the law need to be changed. The decision to grant power of attorney should not be possible only on the information of a third party where that third party has initiated the process and is in line to get the power."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article