Adults with Incapacity (Scotland) Act 2000 - Sections 15(3) and 16(3)

Alzheimer Scotland's response to the Scottish Executives consultation - submitted 8 September 2006

Alzheimer Scotland is the leading specialist dementia charity in Scotland and works to improve the lives of everyone affected by dementia. Our members include carers, relatives, people with dementia, professionals, groups and organisations. We run services in over sixty sites, and provide the freephone 24 hour Dementia Helpline, publications and an extensive website. We aim to be the national and local voice of and for people with dementia and their carers in Scotland and work to improve public policies for their benefit.

There are currently 64,000 people with dementia in Scotland, almost 2000 of whom are under the age of 65. The number of people with dementia is predicted to rise in line with the ageing population.

Alzheimer Scotland welcomes the opportunity to comment on the two issues relating to the range of signatories of certificates required to accompany powers of attorney for registration with the Public Guardian. In responding to this consultation, we surveyed members of our Rights and Legal Protection Committee, who include a solicitor, social workers, a clinical psychologist and an ex-carer.

Question 1: Do you believe that for the purposes of sections 15(3) and 16(3) “solicitor” should mean those who hold certificates to practice in Scotland?
We agree that for the purposes of sections 15(3) and 16(3) “solicitor” should mean those who hold certificates to practice in Scotland. It is our opinion that this will afford the best protection and service to people with dementia, as the solicitor will have expertise in the area and through continuing professional development will be best equipped to perform this role.

Question 2: If you disagree, please give your reasons
N/A

Question 3: Do you agree that the categories of signatories of certificates under section 15(3) and 16(3) should not be extended to will writers for the time being?
We agree that the categories of signatories of certificates under section 15(3) and 16(3) should not be extended to will writers for the time being. We have no knowledge of the training (if any) will writers receive on communicating with and assessing the capacity of people with dementia and when considering that they are not regulated by one professional regulatory system we believe it would be unwise to allow them to sign certificates.

Question 4: If you disagree, please give your reasons
N/A

Question 5: Would you be happy for your response to be made available in future deliberations on this issue?

We are happy for this response to be made available.