Homepage Publications

Publications

We produce a range of publications, for professionals, people with mental ill health and families/carers. You can download them from our website. We have copies of some materials – contact us to enquire.

Publication

Supported decision making

30 Jul, 2019 | .pdf, 516.4 KB

The views of people with lived experience on supported decision making and people with a mental illness - some practicalities.

Publication

AWI guardianship visits report 2017-18

2 Oct, 2018 | .pdf, 646.5 KB

Publication

Power of Attorney and restriction of liberty

15 Mar, 2018 | .pdf, 362.7 KB

Our guidance on the limits to power of attorney when an adult with incapacity resists or objects.

Publication

Common Concerns with Power of Attorney

9 Nov, 2017 | .pdf, 652.7 KB

A guide to assist health and social care staff with issues that arise from the operation of powers of attorney. This document was reviewed and updated in November 2017 to reflect key changes to the Mental Health Act 2015.

Publication

Adults with Incapacity - Sexual Relationships and the Criminal Law

26 Jul, 2016 | .pdf, 442.9 KB

Our advice on sexual relationships and criminal charges where the adult lacks capacity.

Publication

Contraception and Adults with Incapacity

28 Apr, 2016 | .pdf, 470.6 KB

This advice is intended to guide people through some of the complexities that arise relating to contraception and adults who may lack capacity.

Publication

Power of Attorney guide for staff in Hospitals and Care Homes

2 Nov, 2015 | .pdf, 60.2 KB

A quick guide to Power of Attorney for staff in hospitals and care homes.

Publication

Power of Attorney guide for general practitioners

2 Nov, 2015 | .pdf, 70.6 KB

A quick guide to Power of Attorney for general practitioners.

Publication

Private Welfare Guardians

28 Apr, 2015 | .pdf, 327.6 KB

A new survey by the Mental Welfare Commission shows that nine out of 10 people who recently applied to become welfare guardians would advise others in their situation to do the same.

Publication

Private Welfare Guardians

28 Apr, 2015 | .pdf, 327.6 KB

A new survey by the Mental Welfare Commission shows that nine out of 10 people who recently applied to become welfare guardians would advise others in their situation to do the same.

Publication

Guardianship research, analysis and projects 2014

20 Apr, 2015 | .pdf, 2.7 MB

This report outlines research and analysis undertaken for the Commission in 2014 regarding welfare and financial guardianship.

Publication

Guardianship research, analysis and projects 2014

20 Apr, 2015 | .pdf, 2.7 MB

This report outlines research and analysis undertaken for the Commission in 2014 regarding welfare and financial guardianship.

Publication

Guidance on the changes introduced by an Amendment to the Regulations concerning the Supervision of Welfare Guardians, in June 2014

10 Mar, 2015 | .pdf, 186.3 KB

Guidance on the circumstances it would be appropriate, with the agreement of the guardian and adult, either to reduce the frequency of supervision, or cease to supervise a welfare guardianship altogether.

Publication

Money matters

12 Feb, 2015 | .pdf, 136 KB

This guide sets out options for managing the money of people who - due to mental ill health or learning disability - are unable to manage their own finances.

Publication

Welfare guardianship

22 Apr, 2013 | .pdf, 249.4 KB

A leaflet for service users and carers explaining our role in welfare guardianship.

Publication

Easy read welfare guardianship

22 Apr, 2013 | .pdf, 248.5 KB

A leaflet explaining our role in welfare guardianship in easy read format.

Publication

Legal Aid for Welfare Guardianship

7 Nov, 2012 | .pdf, 162.4 KB

We have been in discussion with the Scottish Legal Aid Board about civil legal aid for welfare guardianship applications.

Publication

Guardianship Applications before 16th birthday

7 Nov, 2012 | .pdf, 162.2 KB

There may be a need to start the process of applying for guardianship in order that the guardian is in place when the individual turns 16.

Publication

Powers of Attorney and their safeguards - Mr and Mrs D

13 Feb, 2012 | .pdf, 197.9 KB

Mr and Mrs D, a couple with learning disabilities, suffered years of abuse at the hands of their power of attorney. The Commission has called for the local authority to apologise for falling to protect them.

Publication

Powers of Attorney and their safeguards - easy read

13 Feb, 2012 | .pdf, 107.9 KB

An easy read version of our report on powers of attorney. Mark and Sandra have learning disabilities. They were treated badly by Mark's brother.

Publication

Powers of Attorney and their safeguards - full report

12 Feb, 2012 | .pdf, 746 KB

Mr and Mrs D, a couple with learning disabilities, suffered years of abuse at the hands of their power of attorney. The Commission has called for the local authority to apologise for falling to protect them (full anonymised report).

Publication

Supporting private guardians

1 Mar, 2011 | .pdf, 253.6 KB

Report from our monitoring of Adults with Incapacity Act 2000.

Publication

Supervising and Supporting Welfare Guardians

1 Jan, 2010 | .pdf, 499 KB

A collaborative practice guide between the Social Work Inspection Agency ( now SCSWIS) and the Commission identifying the need for improvements in arrangements for the supervision and support of welfare guardians. (Please see amendments to the Act at: http://www.mwcscot.org.uk/good-practice/comision-advice/guidance-on-the-changes-introduced-by-an-amendment-to-the-regulations-concerning-the-supervision-of-welfare-guardians,-in-june-2014/)

Publication

Guardianships And Young People

1 Jan, 2009 | .pdf, 122.5 KB

Monitoring report on the use of welfare guardianship under the Adults with Incapacity (Scotland) Act 2000 for people aged under 25.

Publication

Working With The Adults With Incapacity Act - for people working in adult care settings

1 Mar, 2007 | .pdf, 179 KB

Guidance for those working to provide residential care for people with a learning disability, mental illness or dementia, including a 'Guardianship Checklist' - a guide to information we would expect to see in the file of an individual subject to welfare guardianship.

Publication

Mrs K Report

16 Oct, 2001 | .pdf, 271 KB

Report of the inquiry into the care and treatment of Mrs K.