A campaign to change the law, prompted by the experience of vulnerable Perth man who signed away £425,000 on his deathbed, has been backed by an older people’s charity.
Hourglass Scotland is supporting the the drive by the family of Craigend farmer Willie Johnston, who died in hospital in January 2020 aged 60, for a medical professional to co-sign all legal documents of a vulnerable person to show they have capacity.
Willie, who was involved in Perth Farmers’ Market and always attended Perth Show, had legal documents put in front of him while in Perth ICU in late December 2019, but less than two weeks later Willie told his daughters Laura Johnston-Brand and Karen Lee he had no recollection of signing them – and they are still in effect.
The Craigend farm had been in the family for generations. His estate was devalued and hundreds of thousands of pounds of a life insurance policy diverted to a business partner.
In August this year Laura and Karen were among those handing out leaflets in Perth city centre to highlight the Willie’s Law campaign.
They want to see comprehensive changes in Scotland’s adult safeguarding laws, to make them more rigorous with better reporting systems and dedicated resources to prevent abuse.
Laura said: “Willie’s Law will provide a level of protection that vulnerable people of Scotland don’t have.
“Ensuring that medical and legal support work together in a person centred way will ensure vulnerable people’s wishes are carried out while safeguarding them from abuse and coercion.
“We are delighted to be working with Hourglass to see safer ageing in Scotland and to protect Scotland’s vulnerable people.
“We will all be vulnerable one day and this will protect us all.”
Hourglass deputy chief executive and policy director Veronica Gray, said: “Hourglass is proud to support Willie’s Law as part of Safer Ageing Week and to give a voice to victims and their families.
“Our hope is that through this campaign, we can bring about meaningful, lasting change for older people in Scotland.”
In Scotland it is legal to put documents in front of vulnerable people.
Willie’s solicitor Craig Robert Harvie was found guilty of misconduct at a Law Society of Scotland tribunal in May 2023 and fined £5000.
The tribunal decision stated he had acted in a conflict of interest, not in the interests of Mr Johnston who was terminally ill and, whilst there is no medical evidence he lacked capacity, was clearly vulnerable.
“There was no question of dishonesty or any gain” to [Craig Robert Harvie] and the tribunal accepted he had “acted with the intentions of trying to help a long-standing client in difficult circumstances”.