Adults with Incapacity Amendment Act: consultation

Powers of attorney are powerful, and useful instruments that allow a granter to retain control over aspects of their lives, in circumstances where they might not otherwise be able to make decisions or take actions. This ensures that the granter has the opportunity to make provision for a future where they may no longer have the mental capacity to understand what is happening to them. If they have fluctuating capacity a power of attorney allows them to still make autonomous decisions about the things they care about.

We want to ensure that attorneys are aware of the obligations under the Adults with Incapacity Act (AWI Act) and understand the requirements in fulfilling the role. We propose introducing mandatory training for attorneys so that they understand the  requirements of the role and where they can get support in carrying out the role. This is in line with recommendation 13.4 of the Scottish Mental Health Law Review.

We are envisaging a short, web based presentation easily accessible to attorneys, with clear information on the role of an attorney and where additional help can be found. In checking the attorney’s willingness to act as such, the Office of the Public Guardian will check if the prospective attorney has seen this presentation prior to agreeing to take on the role, and if not, will require the attorney to do so prior to registering a power of attorney.