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Bloomsburry Family law

Private client

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.

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)

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?

Community Care Case Reports

Since the landmark cases of Sefton and Gloucestershire, there have been a number of cases that have gone through the Courts, which do have an impact on the provision of community care services for clients. Anne Edis reports on the principle cases.

Bournewood and Beyond

The House of Lords decision in the case of L v Bournewood Community and Mental Health Trust1 may have been met with a sigh of relief by professionals working in the mental health field2, but anyone expecting a return to the pre Court of Appeal position is likely to be disappointed

Planning Ahead For Post Death Events

The last three issues of Elderly Client Adviser have carried articles about the ways in which the provision made in a will or on intestacy can be varied after death. Such a variation might take place because of a change in circumstances since the will was written, the need to settle claims made against the estate or simply in order to save inheritance tax (IHT).

Forum: Top Up Fees

We have received numerous letters over the past two weeks asking us to comment on an article within the Money Go Round section of the Sunday Telegraph (21/6/98). The article by Paul Lewis is entitled Payment gap threatens the old recounts the tale of an elderly care home resident who has a small pension and capital that originally totalled £30,000 and is now around £16,000. The lady in question had been funding her own care home fees of just under £300 per week.