There was an interesting debate in the Scottish |Parliament this week on improving the support for people with dementia and their carers. But Some SMPs broadened the debate to include a general consideration of the laws relating to capacity and incapacity, and the Scottish versions of powers of attorney and guardianship.
I was struck by this contribution from SMP Graeme Day and particular his observations for the need for reform of the laws relating to mental capacity:
“Earlier this year, we announced a review of mental health legislation in Scotland to improve the rights of, and the protections for, persons—including those with dementia—who may be subject to the existing provisions of mental health, incapacity or adult support and protection legislation, and to remove barriers to those who are caring for the health and welfare of those individuals. The review is focusing on how the views of people with lived experience can be part of the decision-making process.
Last year, we consulted on a number of changes to the Adults with Incapacity (Scotland) Act 2000, including changes to power of attorney and guardianship orders. We will incorporate ideas for the reform of the law on adult incapacity, including those that come from the review of learning disability and autism, into the findings of the mental health review in order to form an overarching review of mental health and incapacity law.“
Being based in England, we at Rescare are probably not familiar enough with the Adults with Incapacity (Scotland) Act 2000 – but I have made a note to look out for what proposals for legal reform in this area are finally brought forward.