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Bloomsburry Family law

Practice area

The elderly client and the Mental Health Act

For many people and their families, the difficulties of advancing age are compounded by the onset of mental health problems of one sort or another. Dementia is only one such condition; severe depression is also common, which is hardly surprising at a time of life when the rate of change, loss and physical pain is increasing. However, if the result is that the person concerned neglects his or her own needs, or puts his or her health or safety at risk in other ways, the psychiatric services may consider statutory involvement

The honest choice

In 1991//92 we were members of what was known as, The Shortfall Monitoring Group, this comprised of interested bodies including Age Concern, Care home proprietors and social services monitoring the effect and consequences of the level of income support being inadequate to fund the fees of residential accommodation. On the one hand it aimed to provide support for individuals and their families, who were under pressure to top up fees, facing the threat of eviction, downgrading of accommodation or use of personal allowances and remaining capital to fund fees. On the other hand it monitored the closure of care homes forced out of business by accommodating elderly people at below market rates

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.

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?

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.

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