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Powers of attorney and their safeguards: an investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 20p.
- Place of publication:
- Edinburgh
Mr and Mrs D, a couple with mild learning disabilities, suffered years of abuse at the hands of their power of attorney, Mr E. Mr and Mrs D gave Mr E power of attorney to manage their finances and welfare in December 2003. This was allowed to happen despite evidence of emotional and financial exploitation of Mr and Mrs D by Mr E. Between 2003 and 2009 there were over 40 records of concern about how Mr E was interacting with Mr and Mrs D and managing their finances and welfare. The local authority and the Office of the Public Guardian (OPG) looked into the actions of the attorney. However, it was left to the couple to revoke the powers themselves, despite evidence that they were afraid of the attorney. Mr and Mrs D eventually revoked the power of attorney in June 2009 with support from independent advocacy and another family member (Mr F). This investigation looks at what action was taken by health and social work services when they believed that the powers of attorney were not being used correctly. It also examines the process of the granting of the power of attorney in December 2003. It concludes that there were fundamental problems with understanding the legislation. Practitioners of all disciplines needed a better understanding of the meaning of ‘incapable of acting’ and the problems that arose because of undue influence.