Who Is Meant to Help When Power of Attorney Is Misused in Scotland?
In Scotland, multiple public bodies have legal duties to protect adults and intervene when harm, isolation, or abuse occurs — even when a Power of Attorney exists.
Families are often wrongly told “no one can help”.
That is not true. The law says otherwise.
1. Health and Social Care Partnerships (HSCPs)
Who to contact first.
Every council has an Adult Protection Coordinator.
Ask for them by name — it triggers a formal safeguarding response.
Their legal duty
HSCPs are responsible for Adult Support and Protection (ASP) under the Adult Support and Protection (Scotland) Act 2007.
They must act when there is risk of harm, including:
• emotional or psychological harm
• isolation or blocked family contact
• coercive or controlling behaviour
• neglect or undue pressure
Important
A Power of Attorney does NOT remove their duty to investigate safeguarding concerns.
If they don’t act
They are failing their statutory safeguarding duty.
2. MENTAL WELFARE COMMISSION FOR SCOTLAND (MWC)
Contact:- 0800 389 6809 (free advice line)
Email:- mwc.enquiries@nhs.scot
Their legal duty
The MWC exists to protect the rights and welfare of people with mental disorder, including dementia.
They have powers to:
• investigate care and treatment
• intervene where rights are being breached
• carry out Section 11 investigations
They are meant to step in when
• a person is isolated or restrained
• family contact is blocked
• services fail to protect someone
3. OFFICE OF THE PUBLIC GUARDIAN (OPG)
They accept concerns via online form or
Phone (01324 678300 press option 2)
Email - opg-inv@scotcourts.gov.uk
Their legal duty
The OPG supervises attorneys under the Adults with Incapacity (Scotland) Act.
They have investigatory powers under Section 42, including:
• examining how a PoA is being used
• intervening where an attorney is not acting properly
Important
Misuse of PoA is not limited to finances — welfare misuse and harm also matter.
4. CARE INSPECTORATE
Phone - 0345 600 9527
Email - enquiries@careinspectorate.gov.scot
Escalate CEO - jackie.irvine@careinspectorate.gov.scot
Their legal duty
The Care Inspectorate regulates care homes and services.
They must act if a care home:
• enforces unlawful visit bans
• blocks family contact without legal authority
• follows PoA instructions that breach rights or Anne’s Law
Care homes must not enforce illegal restrictions, even if instructed by an attorney.
5. SCOTTISH GOVERNMENT & MINISTERS
Their responsibility
Scottish Ministers are responsible for:
• safeguarding legislation
• Power of Attorney law and reform
• oversight of national bodies such as HSCPs, the Mental Welfare Commission, and the Care Inspectorate
When safeguarding systems repeatedly fail, ministerial accountability matters.
What families should know
Many families report that when they raise concerns directly, they receive no response — or are passed between agencies without resolution.
In urgent or complex situations, involving your MSP can make a critical difference.
An MSP can:
• write formally to Ministers or public bodies on your behalf
• require a written response
• apply political pressure when agencies are unresponsive
Public bodies are expected to respond to MSP correspondence — even when they have not responded to families directly.
Be prepared
Families often describe this process as slow, exhausting, and emotionally draining.
It should not be this hard — but it is a reality many face.
MSP involvement does not guarantee action, but it can stop concerns being quietly ignored.
Many families only see movement once an MSP becomes involved.
6. POLICE SCOTLAND
Report via 101 (non-emergency) or online
Drop in to your local Police Office.
Remember this is not civil - it's not just a family dispute.
Their legal role
Police Scotland can investigate criminal matters, including:
• fraud or financial abuse involving a Power of Attorney
• coercive or controlling behaviour (Domestic Abuse (Scotland) Act 2018)
• offences involving harm, threats, or undue pressure
Important
A Power of Attorney does not prevent a criminal investigation.
The Truth Families Are Learning the Hard Way
Families are often:
• passed between bodies
• told “it’s a family matter”
• told “PoA prevents intervention”
• left with no single authority taking responsibility
But the law is clear:
Safeguarding duties do not disappear because a Power of Attorney exists.
Why This Page Exists
Families shouldn’t have to:
• learn the law under pressure
• fight multiple authorities at once
• prove harm before anyone listens
Yet this is happening across Scotland.
By naming who is meant to help, families can:
• push back with confidence
• demand accountability
• stop being silenced
START WITH ONE BODY TODAY.
ONE EMAIL, ONE CALL - IT'S HOW CHANGE BEGINS.
🌿 Important note
This page is based on public information and lived experience.
We are not lawyers — we’re families who learned the hard way.
Nothing here is legal advice.
Anything you share stays private unless you clearly say otherwise.