denotes premium content | Dec 1 2008 Elderly Client Adviser archive
Volume 3 Issue 6
Features
Attendance and Disability Living Allowance and Quality of Life
Alan Robinson writes on the type of help that qualifies the elderly and infirm to receive Attendance Allowance and Disability Living Allowance
Consent to Treatment and the Mental Health Act 1983
Detained status of itself does not imply inability to give consent. For all treatments proposed for a detained patient, and which may be lawfully given under the Act, it is necessary first to seek the patients agreement and consent. It is the personal responsibility of the patients rmo (responsible medical officer) to ensure that the patients valid consent has been sought and the interview at which such consent was sought should be properly recorded.
Equity Release Scheme
For the elderly equity release schemes can prove a useful financial tool; providing, as they do a way in which the equity in property can be released to provide extra security in retirement.
Further Thoughts on Yule v South Lanarkshire Council
Further to John Campbells article in the last issue of ECA, Margaret Richards expands on the implications and issues that have arisen from Yule.
Powers of Attorney: The Scottish Context
Following on from previous articles by Heather Redman (Jan/ Feb 1998) and Andrew Komarnycki (May/June 1998) the writer thought that the position of the Attorney in Scotland may be of interest to readers.
Provision for Elderly Children on Death: What, No Moral Obligation!
Claims by adult children for financial provision from the estates of their parents are frequently met by the answer: you are an adult and under no disability: to succeed, you must establish a moral obligation or other special circumstance: you cannot do so and your claim is bound to fail. see Coventry, deceased (1980) Ch 461 and Jennings, deceased (1994) Ch 286. Is it right to put such a gloss on sections 2 and 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) and, of particular importance to readers of this journal, does any such limitation apply to the elderly child?
Residential Care : The Regulatory Framework: Can it Help or Hinder Your Client?
The Government believes that entering residential or nursing home care should always be a positive choice. (Caring for People 1989)
Community care is about changing the balance of services and finding the most suitable placement for people from a wide range of options. It is not about imposing a community solution as the only option, in the way that institutional care has been the only option for many people in the past. (Making a reality of community care, Audit Commission 1986)
