Mental Health and Incapacity Legislation (Review)

Part of the debate – in the Scottish Parliament on 19th March 2019.

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Photo of Clare Haughey Clare Haughey Scottish National Party

We are proceeding with a comprehensive programme of non-legislative changes to practice and guidance. We are developing a strategy for supported decision making to enable people with impaired capacity to have the support that they need to make their own decisions about their life and care. We will provide a comprehensive training programme for professionals in health, social care and the law. We are improving the provision of support for guardians and attorneys, and we are revising the current codes of practice and guidance to provide clarity on the existing law.

As I have said, our first priority will be the revision of the codes of practice on powers of attorney.

That work will highlight the need for every adult in Scotland to consider appointing an attorney while they have the capacity to do so. It will provide information on the rights and responsibilities of attorneys, the safeguards that are in place to protect individuals and the sanctions that can be imposed for the misuse of power of attorney. I take the opportunity to encourage all MSPs in the chamber to consider conferring power of attorney while they have the capacity to do so.