Commission updates guidance for local authorities supervising private welfare guardians and welfare powers of attorney

The Mental Welfare Commission has today published an updated good practice guide on supervising private welfare guardians and welfare powers of attorney in Scotland.

The Commission is concerned that some private welfare guardians are not getting the information and support they need to fulfil their role. 

A private welfare guardian is any welfare guardian who is not working on behalf of a local authority, often the guardian is a family member or friend. 

Welfare guardianship orders provide the means to protect adults who lack capacity to make particular decisions regarding their welfare, or to take particular actions for themselves. 

The law provides the opportunity for people to become welfare and/or financial guardians for adults with impaired capacity, and sets out how decisions can be made with and for them.

Suzanne McGuinness, executive director (social work), Mental Welfare Commission, said:

“We originally wrote this guide for people working in local authorities, such as front line staff, line managers and chief social work officers, and have now reviewed it and ask that it is shared widely once again as a reminder of the statutory duties to support and advise proxy decision makers according to AWI legislation. 
“This guidance is intended to supplement the code of practice for local authorities, and does not replace it.”