The Citizen Participation and Public Petitions Committee will conclude its work this Parliament in March 2026 ahead of the next Scottish Parliament election. So the Committee has time to complete its work, it has agreed not to consider petitions submitted after 10 October.
The Committee will continue to meet but given the volume of petitions and agreed work programme it is unlikely that the Committee would be able to meaningfully progress work on petitions submitted after 10 October ahead of the election. Petitions lodged after this date will not fall when the Parliament is dissolved and will be for the successor committee to consider in the new session.
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Under consideration PE2061: Require solicitors to ensure capacity of vulnerable individuals by having a medical professional co-sign legal documents
Calling on the Scottish Parliament to urge the Scottish Government to help prevent coercion of vulnerable, frail, and debilitated individuals by requiring solicitors to have a medical professional co-sign legal documents confirming the capacity of the individual.
Previous action taken
I have contacted MSPs Keith Brown and Jim Fairlie. Keith Brown responded to say he has written to the Cabinet Secretary for Justice and Home Affairs to highlight our campaign and seek the Scottish Government’s view on this proposed change.
Background information
Our dad was terminally ill in the high dependency unit of Perth Royal Infirmary, when during his final days his solicitor along with his business partner presented him with legal documents to sign. These documents affected the value of our dad’s estate, consuming his final moments and the little time we had with him.
We took the matter to the Law Society of Scotland, and the solicitor was found guilty of 5 counts of misconduct and received a £5000 fine. During the tribunal, part of the defence was that the solicitor didn't have to ensure dad's capacity in the same way as he would have to in England, where they have a "golden rule" to ensure any frail or extremely sick person has to get a medical professional to co-sign legal documents to guarantee capacity and confirm there has been no coercion.
421 signatures
This petition is now under consideration
Click here for further information about the consideration of this petition.