S6W-26561

Asked by: Choudhury, Foysol (Scottish Labour - Lothian)

Question

To ask the Scottish Government what action it is taking to ensure that the power of attorney rights of care home residents are upheld.

Answered by Todd, Maree - Minister for Social Care, Mental Wellbeing and Sport

The Scottish Governments Foreword - Health and Social Care Standards: my support, my life - gov.scot (www.gov.scot) set out what people should expect when using health, social care or social work services in Scotland including care homes. They seek to provide better outcomes for everyone; to ensure that individuals are treated with respect and dignity, and that the basic human rights are upheld. Standard 2.12 states that if residents are unable to make their own decisions, the views of those who know their wishes, such as carers, independent advocates, formal or informal representatives must be sought and taken into account.

The Care Inspectorate is the regulator of care services in Scotland and is a non- departmental body and independent of the Scottish Government. Using the Health and Social Care Standards, they inspect services to ensure the safety, protection and wellbeing of residents. Through their inspection process, they review personal plans to determine the capacity status of individuals in receipt of care and support. If a valid s47 certificate of incapacity is in place they will review that the legal proxy advocate is involved in pro-active decision making about the care and support in accordance with the individual.