denotes premium content | Jan 9 2009 Elderly Client Adviser archive
Volume 5 Issue 4
Features
Incapacity: An examination of the proposed changes in Scotland
It has long been felt that the law in Scotland relating to the protection of adults with incapacity has been unsatisfactory. After some considerable lobbying for change, the Adults with Incapacity (Scotland) Bill is now making its way through the Scottish Parliament and it is hoped it will become law later this year.
Reform of the Mental Health Act 1983.
By Margaret Pedler, Mind.1
Mental health, incapacity and the Mental Health Act are clearly issues of concern to those who advise older people, their relatives and carers. Old age does not automatically bring poor mental health. However, certain life events such as bereavement, feelings of loss, social isolation, continuing pain or physical illness and poverty which are known to contribute to poor mental health are commonly experienced by older people. Research has shown that about 15% of people over 65 are affected by depression severe enough to require treatment and over 6% are diagnosed with dementia.
Robertson v Fife Council: Is Notional Capital Otherwise Available?
This decision by the Scottish Court of Session is of considerable importance, both for local authorities and for older people who may need residential care. It has two strands.
The Carers and Disabled Children Bill
The Carers and Disabled Children Bill is a Private Members Bill, introduced by Tom Pendry MP. It is supported by the Government, and meets a commitment set out in the Governments carers strategy, Caring for Carers, published last year. The intention is that the Bill will be enacted by July 2000 and in force by the following April.
The Future of the Public Trust Office by Gordon Ashton
The Public Trust Office (PTO) may not be everyone’s favourite institution, but do we really want to see it abolished and its functions delegated to a variety of bodies including the Inland Revenue, the Benefits Agency and local authorities? This was proposed last November in a little known administrative review and the Public Trustee retired early following the appointment of a Director of Change. Receivers and solicitors have experienced a downturn in the service provided as experienced staff become involved in the process of change and the remainder struggle on with the workload in a demoralised state. What is going on?
