Alternative care People with needs for care and support can receive care from family members, friends and relatives in addition to or in place of help from the local...
When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the...
There are a number of benefits that older people can claim that carry a financial eligibility requirement. In practice this means that if their capital and/or income are...
The common law presumption of capacity In the common law, every person is presumed to have mental capacity until the contrary is proved. Where a person has been proved or...
Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have been made with...
A local authority has a duty to place an assessed adult, with needs for care and support, in their preferred accommodation if certain criteria are met. If the local...
This Practice Note summarises: • what commissioning is in the context of local authority duties to provide health and social care • the legal...
Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess individuals...
The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord...
A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make...
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...
When an assessment concludes that an adult requires residential accommodation they have the choice, depending on their personal finance situation, between private and...
People with needs for care and support may need to move to accommodation that is more appropriate for their needs.Care Act 2014, ss 8(1)(a), (3)Care and...
A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings. When is a fact-finding...
With the coming into effect of part of the Care Act 2014 (CA 2014) in April 2015 there will be a number of repeals, revocations and cancellations of statutory provisions...
Although local authorities have some responsibilities regarding care funding and it is that area that causes major discussion, they also have liabilities in respect of...