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Huge jump in guardianship orders can be avoided with easier process, cheaper costs for power of attorney

27 September 2018

Figures released today (27 September) by the Mental Welfare Commission show a rise in Guardianship orders which are used to safeguard those without the capacity to make their own decisions.

In the last year, 41% of the guardianship orders in Scotland are for people with dementia.

Scotland’s national charity for older people, Age Scotland, feel that this rise, which has increased by 149% over the last 10 years, needs to reverse. The charity has called for more people to establish Power of Attorney much earlier in their lives.

Commenting on the figures, Age Scotland’s Chief Executive Brian Sloan said:

“This huge rise is guardianship orders is a trend, which needs to be reversed as it can be highly complex, time consuming and stressful for the individual and family concerned. For people with no family or friends to become guardians, their lives become more difficult as the local authority takes responsibility.

“Around 13% of hospital beds related to delayed discharge figures are as a result of the wait for guardianship orders to be completed, which has a further negative impact on the physical and mental health of the older person.”

“We know from people who phone our free and confidential helpline that the Power of Attorney process is confusing and the cost can stop them. We call for a simpler and cheaper process to encourage people to fill out a Power of Attorney as soon as possible for peace of mind for them and their family.”

With dementia being the biggest cause of death for women in Scotland over the last year and rates rising, Age Scotland is advising people to apply for Power of Attorney as soon as possible to avoid the lengthy and emotional process guardianship can bring.

Brian said:
“As the numbers of people living with dementia in Scotland over the next 20 years is predicted to increase by 50% to 120,000 it is more important than ever that we take the right measures to avoid unnecessary guardianship orders.

“It’s really important that people establish Power of Attorney much earlier in their lives, well before it is needed, and discuss their wishes with their family or close friends to avoid disputes years later. By doing this you have much more control over who has responsibility for helping you live your life the way you want.”

“We know from people who phone our free and confidential helpline that the Power of Attorney process is confusing and the cost can stop them. We call for a simpler and cheaper process to encourage people to fill out a Power of Attorney as soon as possible for peace of mind for them and their family.”

Age Scotland’s confidential Freephone helpline supports and advises many older people and their families with Power of Attorney requests on 0800 12 44 222.