Concern at rise in number of guardianship applications

Amount doubles in six years due to increasingly elderly population

THE number of people becoming “welfare guardians” so they can deal with the affairs of a confused loved one is soaring in Scotland.

Applications for guardianship, which is similar to holding power of attorney, have almost doubled in the last six years.

The surge, which is thought to be due in part to the rising number of elderly people suffering dementia, is said to be placing a strain on the specialist social workers who deal with the applications and oversee the guardians.

A report by the Mental Welfare Commission (MWC) on the system found local authorities were often failing to conduct supervisory visits to check on private guardians regularly. In 10 per cent of the cases they looked at, there was no evidence the guardian had visited the adult in the last six months.

Mike Diamond, executive director for social work with the MWC, said: “The continued steep rise in guardianship applications is concerning. Most relatives find guardianship helpful, but it is a complex legal process and takes up a considerable amount of time for care professionals, particularly mental health officers.”

Legislation dating from 2000 enabled people to become guardians or attorneys for adults who can no longer make decisions for themselves due to mental illness, disabilities or dementia. It is different from granting someone power of attorney, when the patient themselves agrees to another person conducting their affairs.

Senior social workers can become guardians if there is no-one else to deal with key decisions on behalf of a vulnerable adult.

Dr Gary Morrison, executive director (medical) at the MWC, said the process was more convoluted than seeking power of attorney and required two medical reports and consent from a sheriff’s court.

Last year 2,657 new guardianship applications were granted, up eight per cent on the previous year and up 99 per cent on the 1,336 approved in 2009-10.

Dr Morrison said: “There are more people with dementia every year and applications for people with dementia comprise just over 40 per cent of all welfare guardianships.”

“I think it is particularly increasing pressure on specialist social workers – mental health officers. There is obviously a finite pool of them and this is only one aspect of their workload.

“It also puts a burden on the sheriff courts. If it is the family making the application it costs themmoneyaswell.Therearea number of potential complications from the rise.”

Trisha Hall, manager of the Scottish Association of Social Work, welcomed the MWC report. She said mental health officers were spending a lot of time on reports and assessments when their strength was spending time with families and supporting them through a complicated system.

She added: “A huge issue for joint boards (Scotland’s new community care boards) is where they are going to find the money for additional staff to allow mental health officers to work according to their code of ethics.”

New data from the MWC also revealed subjecting people to compulsory treatment for mental illness is increasing in Scotland. The number of new episodes of compulsory treatment reached 5,008 last year, the highest level since the 2003 Mental Health Act.

‘‘ Applications for people with dementia comprise just over 40 per cent of all welfare guardianships