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Guardianship and young adults: the use of welfare guardianship under the Adults with Incapacity (Scotland) Act 2000 for people aged under 25
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2009
- Pagination:
- 24p.
- Place of publication:
- Edinburgh
In the Adults with Incapacity (Scotland) Act 2000, welfare guardianship provides the means to protect people who lack capacity to make particular decisions or take particular actions for themselves. The use of guardianship has been increasing for adults under 25, including those with mild to moderate learning disability, and the majority of applications for guardianship, which were previously made by local authorities, are now being made by parents. This research examined: what information private guardians are given about the role; how aware private guardians are of their statutory responsibilities; the views of private guardians on the involvement of social workers; the preparation and support given to supervising officers and delegated guardians; the systems in place for appointment of supervisors and responsible officers; the governance arrangements to ensure that supervisors and responsible officers are fulfilling their statutory requirements; the views of guardians and supervising officers of their impact; and the methods of recording contacts by supervisors and responsible officers. Data was collected from 50 guardianship cases, comprising 39 private cases and 11 local authority orders. Interviews were held with 38 private guardians, 29 supervising officers and 11 responsible officers. This report discusses the findings from these private guardians and social workers, and provides a number of key findings and recommendations.