Power of Attorney (Effectiveness in Health Cases)

– in the Scottish Parliament on 12th December 2018.

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Photo of John Finnie John Finnie Green

14. To ask the Scottish Government what assessment it has made of the effectiveness of the power of attorney in health cases. (S5O-02682)

Photo of Clare Haughey Clare Haughey Scottish National Party

We recently undertook a consultation on making changes to the adults with incapacity legislation. We know from that work that using powers of attorney can encourage people to think through how they might want their health, welfare and financial affairs to be managed in the future if they are unable to make decisions themselves on those matters. That means that adults who use powers of attorney are better placed to be as involved as possible in decisions about their lives, even if their circumstances change.

Photo of John Finnie John Finnie Green

Does the minister believe that there are sufficient checks and balances in place for all parties when a public body seeks to take over a power of attorney?

Photo of Clare Haughey Clare Haughey Scottish National Party

As I alluded to in my previous answer, there is a review of the Adults with Incapacity (Scotland) Act 2000, and I am sure that the subject will be reviewed during the review.

The Deputy Presiding Officer:

I will take question 15, because I know that it can receive a short answer.