Publications

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

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.

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

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

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

A quick guide to Power of Attorney for general practitioners.

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.

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.

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

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

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.

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.

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

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

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

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.

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.

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.

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).

Report from our monitoring of Adults with Incapacity Act 2000.

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/)

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

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.

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