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  4. Practice update: Mental Welfare Commission report

Practice update: Mental Welfare Commission report

10th August 2023 | Law Society news , Research and policy

Gillian Alexander is the Law Society of Scotland's Head of Professional Practice.

The Mental Welfare Commission has published a report regarding the circumstances leading up to the untimely death of a vulnerable person with learning disabilities and physical ill health.

The Commission wishes to remind solicitors of their responsibilities when working with clients who seek to grant Power of Attorney and the usefulness of existing guidance.

The sections which relate most closely to this situation are as follows.

  • B1.5 Capacity Generally
  • B1.5 Adults with Incapacity (Scotland) Act 2000
  • B1.5 Vulnerable Clients Guidance
  • Guidance on Continuing and Welfare Powers of Attorney

If you work in this area of law, this may be an opportunity to refamiliarise yourself with the relevant Guidance.

You will also find a selection of CPD opportunities relating to this subject matter on our website.

Should you have queries re practice issues and ethics, please contact our Professional Practice team.

B1.5: Capacity Generally

A solicitor must (a) have instructions from their client and (b) be satisfied when taking instructions that the client has the capacity to give instructions in relation to that matter.

Read more about B1.5: Capacity Generally

B1.5: Adults with Incapacity (Scotland) Act 2000

Signature of Certificates on Powers of Attorney - Trainee Solicitors

Read more about B1.5: Adults with Incapacity (Scotland) Act 2000

B1.5: Vulnerable Clients Guidance

This guidance applies whenever a solicitor is, or reasonably ought to be, aware that a client or prospective client (whether having attained the age of legal capacity or not) is or may be vulnerable.

Read more about B1.5: Vulnerable Clients Guidance

Our work on adult capacity

Our policy team and our network of expert volunteers work to influence policy and shape good incapacity, mental health, and adult support and protection law in Scotland.

Read more about Our work on adult capacity

Professional support

Professional practice helpline for free and confidential advice and dedicated contacts for in-house, high street, big firm and solicitors in England and Wales.

Read more about Professional support

CPD: Advice for the elderly and Powers of Attorney

Law Society of Scotland CPD & Training courses covering your practice area, boosting your business skills and keeping you compliant.
Find relevant CPP about CPD: Advice for the elderly and Powers of Attorney
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