The Mental Welfare Commission for Scotland says the number of people in Scotland under guardianship orders has exceeded 20,000 – the highest level recorded since the introduction of Scotland's Adults with Incapacity Act legislation that the organisation says is in urgent need of reform.

In its annual monitoring report for the year 2024-25, the commission says 20,152 people were under guardianship orders, an increase of 5.6% on the previous year, continuing a pattern of annual increases.

Of the 4,300 orders granted during the year to 31 March 2025, one in seven was a renewal of a previous order.

The most common main reason was learning disability, in just under half of cases, followed by dementia.

The Adults with Incapacity (Scotland) (AWI) Act introduced a system for safeguarding the welfare and managing the property and finances of people who lack capacity to act, or to make some or all decisions for themselves due to a mental illness, learning disability, dementia or related conditions.

This legislation passed in the year 2000, allows other people, “guardians” or “attorneys”, to make decisions on behalf of those who lack capacity, subject to safeguards.

However, the Mental Welfare Commission, which monitors welfare guardianship orders and powers of attorney as part of its role to protect the rights of people affected, says the law is outdated

Suzanne McGuinness, the commission’s executive director (social work), said:

“While we cannot definitively say what is driving this increase, we must ensure the rights of those who lack capacity are protected by modern, effective law.”

The commission says that it is set out the case for change on several occasions, most recently when Scottish ministers consulted on reforming the act in 2024.

That year the Scottish government disappointed many campaigners when it dropped human rights legislation from the coming year’s Programme for Government, despite undertaking a consultation on a Human Rights Bill for Scotland.

Ms McGuinness said the lack of progress has made the need for reform urgent:

“The rising number of people relying on the AWI Act means we need an up to date legal framework that protects their human rights and welfare. The current AWI Act was groundbreaking for its time, but international human rights law has moved on. Delay is a luxury we cannot afford, and reform is needed sooner rather than later.”

 

Read more: Staff shortage concerns in latest MWC reviews; Adults with incapacity face longest discharge delays; Urgent plea to safeguard advocacy amid local cuts

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