denotes premium content | Dec 4 2008 Elderly Client Adviser archive
Volume 7 Issue 6
Mental health law is in a transitional phase. New legislation is imminent and proposed reforms have been intensely debated over recent weeks. Government plans to widen the powers to section people for treatment have worrying implications not only for the rights of patients but for doctor’s who are already overworked. Considering that a recent report suggests that over 3000 NHS acute mental health beds have been lost over the past six years as a result of financial restraint, it will be interesting to see how future reform will remedy the existing situation while incorporating the latest plans for a whole new wave of patients.
For older people, perhaps the main concern is that the vulnerable will be easily lost within a system that seems to little cater for the complexities of mental health where abilities can fluctuate and need for care vary. Guidance has been published to help practitioners enable patients to make decisions about their own treatment and care. However, carers and relatives, who think they know best, could easily swamp the rights and feelings of a patient suffering from dementia, for example.
This issue of ECA focuses on some of the difficult issues faced by practitioners advising the mentally vulnerable. For those who have been detained for treatment under the Mental Health Act 1983, there is some interesting news for after-care funding. However, Ray Avards’s article on decision making and mental capacity describes a case that demonstrates how easily older people can be deprived of choice.
On a completely different note, the end of summer presages the start of the conference season and we have three events to bring to your attention. The first is Wills, Probate and Advising the Elderly Conference 2002 for which there are several days scheduled in October. The annual Solicitors for the Elderly conference will be taking place on 4th October and of course, don’t forget our Will Disputes event that is now into its seventh year! For further details, you will find forthcoming events detailed on page 29.
As ever, I am always keen to know your thoughts or comments so please feel free to contact me at cpoynton@ark-group.com.
Caroline Poynton
Editor
Features
Special case feature...
Robertson v Fife Council.
Relevance of the individual’s own resources to obtaining care. 25.7.02[2002] UKHL 35
Fair access to care services
The Department of Health has published the final version of its guidance for councils managing access to care services, in the hope that it will remedy the national variations that have been experienced to date. In this article, Caroline Bielanska, solicitor, TEP and freelance consultant, examines the latest guidelines and assesses how far they will solve the problems in care service funding and distribution.
Setting up an elderly client practice
So, you have your office set up, it looks great and you have a steady stream of clients coming through the door. However, what do you need to do/know to ensure your practice grows steadily and successfully from here on in? Jennifer Margrave, a sole-practitioner, continues her series of articles on the elderly client practice, concluding with a look at how you can develop your expertise as an elderly client practitioner.
The assessment of quantum in Inheritance Act claims
The position of the surviving spouse in relation to Inheritance Act claims can be tricky and there has been some debate as to how to best proceed in deciding the amount that should be awarded following the death of a partner. Sidney Ross, a barrister at 11 Stone Buildings, continues his two-part article to consider surviving spouse cases that have passed through the courts since White v White.
Decision-making and mental capacity: a transitional stage
This is a transitional stage in the development of mental health law. New legislation is imminent, as a new bill has been introduced to reform and revise the Mental Health Act 1983. This was preceded by further proposals for consultation on the planned legislation and guidance that might be installed as a result of a new Act1. Ray Avards, a community care adviser at Campbell-Taylor Solicitors examines the latest proposals and, using a case history, considers the consequences of the current situation and the possible pitfalls of planned changes.
Book review
Personal Injury Trusts: a solicitor’s guide to founding a compensation protection service.
Author: David Coldrick
Regulars
Case digest
Find out the latest from the law courts...
