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Staff understanding of Part 6 of the Adults with Incapacity Scotland Act 2000

 

Key message

Staff must be aware of and understand the provisions of Part 6 of the Adults with Incapacity Act, in particular the need to consult with welfare guardians and welfare attorneys.

What we would expect to find

We expect hospital staff to follow the principles of the Adults with Incapacity (Scotland) Act 2000 and that they should know about the parts of the Act that people they care for may be subject to.

What we found

In all wards we visited we asked about the number of people who were subject to Guardianship and if staff knew who the guardian was and their powers.

Whilst most staff were able to tell us who was subject to Guardianship or where an application had been made, their understanding of what this meant was variable. Staff were often unclear about who the Guardian was, the difference between a Guardian and someone with Power of Attorney and whether they had welfare and/or financial powers.

We think that in an assessment unit where plans will be made about a persons future care needs, it is vital staff know and understand the AWI Act and its implications.

Action needed

  • Anyone subject to the provisions of the AWI Act should have this information clearly recorded on their profile sheet.

  • Staff should be aware of and receive training in the provisions of the Act that relate to the people they care for.