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Guardianship of the Person in Scotland
Authors:WHYTE  BILL; HUNTER  SUSAN
Abstract:Correspondence to Bill Whyte, Lecturer in Social Work, Department of Social Policy and Social Work, Adam Ferguson Building, University of Edinburgh, George Square, Edinburgh EH8 9LL. Summary There has been a renewed interest in recent years on the purposeof Guardianship but only limited empirical data on how it isbeing used under the current Mental Health legislation. Thispaper attempts to address both issues. The paper presents someof the findings of a Scottish study which examines the implicationsof this legislation and covers a range of issues including usesof Guardianship; a profile on the Mental Health Officers (ApprovedSocial Workers) involved and their role in assessment; who becamethe guardian and how they exercised their role; and broaderlegal issues. Unlike a recent paper (Evans, 1989) the authorsbelieve the legislative framework is inadequate to promote initiativeand good practice in this field and that there is a need fora new debate on the purposes of Guardianship with particularreference to the powers needed to care for and protect a rangeof adults with differing needs who might be considered ‘atrisk’ in the community.
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