Risk to Scots under power of attorney

Chief Reporter

Monday 13 February 2012

THOUSANDS of Scotland's most vulnerable people are at risk because safeguards to protect them are not being implemented, a new report has warned.

Custom byline text:

Lucy Adams Chief Reporter

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."

Commenting & Moderation

We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules, which are available here.

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.

Risk to Scots under power of attorney

Commenting & Moderation

MOST READ

SPONSORED LINKS

MOST COMMENTED