Publication date: 27 Sep, 2018
The Commission monitors the use of welfare provisions of the Adults with Incapacity Act, and publishes reports on this data. Today's report includes information on the use of welfare guardianships across all of Scotland's local authorities.
The majority of guardians are private individuals, usually a relative, carer or friend. Local authorities have a duty to make an application for welfare guardianship where it is needed and no-one else is applying.
Of the total guardianships in Scotland, the majority are for people who either have learning disability (45%) or dementia/Alzheimer's disease (41%).
These are the main findings of the 2017-18 report:
Mike Diamond, Executive Director (Social Work) at the Mental Welfare Commission, said:
Note to editors
The Mental Welfare Commission monitors the use of legislation related to welfare provision, and parts of the law related to medical consent and research.
The Commission also publishes advice and good practice guidance on the operation of the legislation.
Indefinite guardianships are those that do not have an expiry date. The Commission has always suggested that orders be time-limited, especially for young people where circumstances may change. Indefinite guardianships should be reviewed regularly, in keeping with both the principles of the legislation and the Code of Practice.
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