In a recent report published by the National Records of Scotland, alarming statistics have come to light regarding the increasing prevalence of Alzheimer's disease and other forms of dementia in the country. The data shows that in 2022, a total of 6,277 deaths were attributed to these debilitating conditions, marking a troubling increase of 231 deaths compared to the previous year. These figures reveal a growing concern for public health and the need for a deeper understanding of the challenges posed by dementia.
The Demographics
One of the most striking revelations from the report is that over 80% of these deaths occurred among individuals aged over 80. This age group seems to be particularly vulnerable to dementia-related conditions, emphasizing the pressing need for tailored healthcare services and support for our elderly population.
Settings of Care
The report also highlights the diverse settings in which these deaths occurred. A significant 64% of dementia-related deaths took place in care homes, while 22% occurred in hospitals, and 14% happened at home or in non-institutional settings. This distribution underscores the need for comprehensive care strategies that cater to the unique requirements of dementia patients, whether they are in institutional or home-based care settings.
Regional Variations
At the local health board level, the data revealed intriguing variations in mortality rates over the past five years. Regions such as Lanarkshire, Greater Glasgow and Clyde, and Forth Valley experienced the highest mortality rates, while the Borders recorded the lowest rate. These regional disparities hint at the importance of local healthcare systems and their ability to provide adequate support and resources for dementia patients and their families.
The Need for Quality Dementia Care
Given the growing impact of dementia in Scotland, it is imperative that individuals living with these conditions receive the highest quality of care throughout their journey, from diagnosis to end of life. Dementia can significantly impair a person's ability to make decisions about their own care, making it essential for loved ones to step in and advocate on their behalf.
Guardianship Orders
In some cases, it may become necessary to obtain guardianship orders to ensure the well-being and proper care of individuals living with dementia. These legal measures allow family members or close friends to make decisions on behalf of the affected individual when they are no longer able to do so themselves. If you find yourself in a situation where you believe a guardianship order may be necessary, seeking legal advice and guidance is crucial.
Conclusion
The statistics published by the National Records of Scotland are a stark reminder of the increasing burden of Alzheimer's disease and other dementias in our society. As we grapple with these challenges, it is incumbent upon us to prioritise research, support, and healthcare services that address the unique needs of individuals living with dementia, particularly among the elderly population. By working collectively to enhance the quality of dementia care and support, we can strive to improve the lives of those affected by these devastating conditions and provide the dignity and respect they deserve. If you
have questions or concerns about guardianship orders or need guidance related to dementia care, do not hesitate to contact professionals who can provide valuable assistance during these difficult times.
Guidance on Guardianship Orders and Powers of Attorney
Power of Attorney
A Power of Attorney is prepared by you and allows you to plan how you would like another person to act on your behalf in the future, should you become incapable of making your own decisions. You can nominate a person as your Attorney to allow them to deal with money and property, to make decisions regarding your health or personal welfare matters or both. We can provide advice and guidance on what should be included in your Power of Attorney and thereafter prepare the written documentation. We also arrange for the Power of Attorney to be registered with the Office of Public Guardian in Scotland.
Legal Aid is often available for preparation of a Power of Attorney. We are happy to provide a no obligation service to assess your eligibility for free legal assistance. We also offer a fixed private fee for occasions when Legal Aid is not available.
Guardianship Orders
A guardianship order is granted by the court and provides authority to a person to make decisions on behalf of another where they are considered to be an ‘adult with incapacity’. An adult with incapacity is a person over the age of 16 who is not able to look after their own affairs due to mental disorder or inability to communicate because of physical disability. The law states that an adult will be deemed incapable to manage their affairs if they are incapable of acting on or making decisions, communicating decisions, understanding decisions or retaining memory of decisions.
There are three types of guardianship order:-
Legal aid is often available in respect of an application for guardianship. Eligibility for legal aid is based on the adult's income and assets and not the prospective guardian's. Civil Legal Aid is available where welfare powers are sought without the need for any financial assessment.
A guardianship order must have some benefit to the adult and be the least restrictive option available. For example, there are alternative methods available to manage an incapable adults finances including DWP Appointeeship and Access to Funds. Details of these can be found on the website of the Office of the Public Guardian Scotland (see link on our website).
We are happy to offer informal advice as to whether a guardianship order will help the adult in question and that it is appropriate for their circumstances. We can also carry out a no obligation assessment on eligibility for legal aid.
Intervention order
An intervention order is granted by the court and gives authority to a person to perform a one-off action on behalf of an adult with incapacity. This could include signing legal documents, including tenancy agreements, or selling the adults house. An intervention order lasts until the action is complete. If powers are required on an ongoing basis then a guardianship order may be more appropriate.
Legal aid is often available to apply for an intervention order.
Guidance on Mental Health Law
Legal powers can be used where someone is receiving treatment for a mental illness or disorder but do not agree with that treatment. Decisions can be made on their behalf as to when and how treatment is delivered, Aand when they can be kept in hospital against their will. There are a number of safeguards in place to ensure that where legal powers are used, an individual’s rights are protected.
Emergency Detention
Where a doctor recommends that someone’s condition should be assessed they can be held in hospital for up to 72 hours (3 days). During this time, they should not be given any treatment unless they agree with it, unless the treatment is considered to be required urgently. There is no right to appeal against emergency detention.
Short Term Detention
When further time is required for assessing and treating a suspected mental illness or disorder, a person can be detained in hospital for up to 28 days (4 weeks). A legal order known as a Short Term Detention Certificate (STDC) is issued if a Psychiatrist and a Mental Health Officer both agree that a patient meets certain legal criteria.
A STDC can be challenged by a patient or their Named Person or next of kin in certain circumstances. This is done by way of an appeal to the Mental Health Tribunal for Scotland. An independent Tribunal will be convened and panel of three members, consisting of a legal member (lawyer), medical member (psychiatrist) and general member, will hear evidence and decide whether the detention should continue. Legal aid is available to the patient and their Named Person irrespective of finances for any Tribunal proceedings and it may be possible to arrange for an independent psychiatric assessment.
Compulsory Treatment Order
Compulsory Treatment Orders impose measures to either detain a patient in hospital for the purpose of receiving treatment or to compel treatment to be received in the community.
An application for a Compulsory Treatment Order is made by a Mental Health Officer at the request of a treating psychiatrist. The Mental Health Officer will prepare a report and obtain two medical reports. A Mental Health Tribunal will be convened to hear the application. Legal aid is available to the patient and their Named Person irrespective of finances for any Tribunal proceedings and it may be possible to arrange for an independent psychiatric assessment.
Compulsory Treatment Orders can last up to six months and must be revoked when a psychiatrist comes to a view that the individual no longer meets certain legal criteria. If the Order is still in place after three months a patient or their Named Person can appeal to the Mental Health Tribunal and request that the Order be reviewed.
Court Imposed Orders
Compulsion Orders are imposed by a Sheriff at Court following a criminal case. These are initially made for a period of six months and a Tribunal will be fixed thereafter to review it. A Patient or their Named Person can oppose the extension of the Order and is entitled to legal representation.
Compulsion Order and Restriction Orders are granted by the court for an indefinite period of time. These will be reviewed annually by a patient’s psychiatrist and the Scottish Government. A Patient and their Named Person can also appeal against the orders.
Legal aid is available irrespective of finances for any Tribunal proceedings and it may be possible to arrange for an independent psychiatric assessment.
Links to other relevant sites
Office of the Public Guardian Scotland - https://www.publicguardian-scotland.gov.uk/
Self Directed Support Scotland - https://www.sdsscotland.org.uk/
Mental Welfare Commission for Scotland - https://www.mwcscot.org.uk/
Mental Health Tribunal for Scotland – https://www.mhtscotland.gov.uk/mhts/Home/Welcome_to_the_Mental_Health_Tribunal
Where we Operate
Our main areas of operation are Glasgow City, Glasgow Southside, North Glasgow, Paisley, Hamilton, East Kilbride, Coatbridge, Uddingston, Motherwell, Wishaw, Cumbernauld, Dumbarton, Stirling and Falkirk. If you are outwith any of these areas please do not hesitate to contact us to check our availability to travel to you.