Dementia and the Law
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Why should you buy Dementia and the Law
This book addresses a wide range of legal issues that arise in respect of people with dementia, setting out the law in a clear and accessible form. Starting from the initial stages of obtaining information, the book follows a logical sequence: the powers under the Mental Health Act 1983; rights to assessment; treatment and care services; the Mental Capacity Act 2005; financial deputies; attorneys and care funding, before concluding with a detailed section on the remedies which may be deployed to resolve disputes in these areas.
The first section of the book deals with legal issues that arise at the time of diagnosis and in the period when dementia begins to have a significant impact on a person’s life. This is followed by a second section, which focusses on legal issues surrounding the care provided to a person with dementia. The third section is concerned with the property and financial issues which affect people with dementia. The final section of the book concentrates on the remedies available when disputes arise in respect of a person with dementia.
This book covers both England and Wales, and includes additional references wherever the law differs in Wales. It is essential reading for legal practitioners; those working with people with dementia in the National Health Service; local authorities and care homes; relatives of people with dementia and charitable organisations advising members of the public.
Dementia, more than any other condition, is set to shape our view of later life, challenge our health and social care system, frame our elder law. The future for our ageing population is stark: there are already over 800,000 people in the UK living with dementia, many still undiagnosed, and there are projected to be a million by 2021 (Alzheimer’s Society; 2007, 2012).
The issues that dementia presents – medical, psychological, social; philosophical, ethical, legal – are complex and distinctive. Each person’s lived experience of dementia is unique. Legal considerations must sit within a framework that recognises, values and supports the individual living with dementia: ‘the person comes first’ (Kitwood; 1997). Yet achieving true person-centredness means going further than legal considerations as to what is in a person’s best interests. Read the full introduction...
As the Introduction to this book records, a significant number of people in the UK have dementia; one in three people over 65 will develop it.
This invaluable book will greatly assist practitioners who specialise in this field of work as well as the increasing number of people who are not lawyers, but want to understand the many complex legal and practical issues that arise when someone has this challenging progressive condition. Read the full foreword...
Table of contents
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Access and Rights to Personal Information
- Hospitalisation and Sectioning
- Rights to Assessments
- Welfare and Best Interests
- NHS Care and Treatment
- Local Authority Care
- Lasting and Enduring Powers of Attorney
- Property and Affairs in the Court of Protection
- Funding for Care Services
- Challenging Decisions and Making Complaints
- Resolving Disputes: Mediation and Alternative Dispute Resolution
- Remedies in the Court of Protection
- Judicial Review
- Other Court Proceedings