Ageing population leads to increase in number of ‘guardians’

Scotland has seen a 135 per cent rise in applications for guardianship orders over the past seven years because of the nation’s ageing population.

New figures published by the Mental Welfare Commission (MWC) show a rise of 12.5 per cent in the number of applications to 12,082 as at March 2017.

Welfare guardians are usually a relative, carer or friend, who will make a private application to look after a person who does not have the capacity to make some or all decisions for themselves because of mental illness, learning disability, dementia or other conditions.

The guardianship orders are made when there is no power of attorney in place which would automatically hand over control of financial and welfare arrangements to a designated individual agreed by a vulnerable person. In 2016-17 private applications accounted for 75 per cent of the total with the remaining 25 per cent made by local authorities where there is no-one to takeover the responsibilities.

An ageing population has increased the burden of care, with 44 per cent of new applications nationwide being for people with dementia or Alzheimer’s disease, and 43 per cent for people with a learning disability.

The MWC are concerned at the rise as the guardianship process is complex and not enough people are aware of the need to have power of attorney in place so that control of financial arrangements and affairs are automatically handed over to someone else.

Mike Diamond, the MWC executive director (social work), said: “Welfare guardianship can be very helpful for people who find they have responsibility for someone who does not have, or who no longer has, the capacity to make decisions. However, the process of awarding guardianship can be complex, and each applicationmeanstheinvolvement of local authorities and sheriff courts.

“Given that almost half of newapplicationswereforpeople with dementia or Alzheimer’s disease, I believe that all of us should consider the idea of creating a power of attorney. A power of attorney is planned when you are well and have capacity. The document allows you to make decisions on who can act on your behalf should you become unable to do so in the future.”

A fifth of all new applications were for people aged 16-24 with learning disability.

Mental health minister Maureen Watt said: “The Scottish Government has committed to a review of this legislation and officials have been working with the MWC and many other service users and stakeholders.”