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Elderly People and the Law 2nd edition

This book provides a narrative explanation of the many areas of law that impact on elderly clients.
In Stock
ISBN/ISSN: 9781846617225

Product description

Why should you buy Elderly People and the Law

Dealing with the rights, duties and needs of older people raises special challenges for those who advise and assist the elderly. A proper understanding of the problems they face and their particular needs is essential.

Elderly People and the Law, written by two leading lawyers who have championed the rights of elderly people throughout their careers, provides expert guidance on the whole range of legal issues relating to older people including:

  • Mental capacity 
  • Legal rights and duties 
  • Family and carers 
  • Housing 
  • Residential care 
  • Community care 
  • Health care 
  • Challenging the Authorities 
  • Financial affairs

Elderly People and the Law is a comprehensive work providing detailed and practical guidance suitable for lawyers and other professional advisers.


There used to be three ages of man and womankind – childhood, adulthood and old age – but now there are four. Most of us can expect to enjoy several years in the third age – what used to be called ripe old age. Comparatively few will spend much if any time in the fourth age – when ripeness turns to decay in physical or mental faculties or even both. And all of us must die, with or without our faculties and property intact. Read the full foreword...


It is just two decades since I started to write the first edition of this book. It was so much simpler then and having been a solicitor in general practice I was able to tackle the entire topic on my own. Community care was in its infancy, the courts had less involvement in healthcare, and mental incapacity was only addressed in respect of financial affairs. The social and legal climate has changed almost unrecognisably in the intervening years and the fields of law that need to be covered have expanded exponentially. Now we must address human rights, European Union law, equality legislation (including disability discrimination), civil partnerships, data protection and elder abuse, quite apart from the overarching mental capacity jurisdiction and the further development of the inherent jurisdiction. For this reason I invited Caroline Bielanska to join me as an equal partner in producing this second edition. She has an impeccable background as recently retired chief executive of Solicitors for the Elderly, and is thoroughly versed in those areas of law that I tended not to encounter as a district judge. I express my thanks to her for rising to the challenge. Read the full preface...


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Table of contents

  • Foreword to the First Edition
  • Preface to the Second Edition
  • Preface to the First Edition
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of Abbreviations
  • Introduction
  • Role of the Law
  • The Mental Capacity Jurisdiction
  • The Older Person
  • Family and Carers
  • Housing
  • Residential Care: Regulation, Choice and Contracts
  • Community Care
  • Health Care
  • Challenging the Authorities
  • Financial Affairs
  • Financial Affairs and Incapacity
  • Testamentary Provision and Death
  • Appendix
  • Index
Read the full contents