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Bloomsburry Family law

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Enduring Powers of Attorney: Guidelines for Solicitors, September 1999

The Mental Health and Disability Sub-Committee of the Law Society has just published an update on its previous (1996) guidelines for solicitors. It contains a number of additions to the original guidelines which focus, almost exclusively, on the scope for abuse offered by EPAs in respect of vulnerable clients. Para 3.1 states: Many EPAs are made when the donors are already losing capacity, consequently they could be unaware of the implications of their actions and are more likely to be vulnerable to exploitation.

Complaints and the Mental Health Act Commission

Any complaints arising out of the exercise for the power to detain, manage and control, and the duty to treat are complaints in respect of which the [Mental Health Act Commission] has jurisdiction. It seems to me that management, control and treatment all form part of the package of compulsion which is the essence of Section 3 detention which it is the duty of the Secretary of State to keep under review under section 120(1) of the [Mental Health] Act. R v Mental Health Act Commission ex p Smith1

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.

Ability to Leave?

In the first of a series of articles Camilla Parker, Solicitor and freelance consultant, examines the area of capacity, admission to hospital and treatment under the Mental Health Act 1983.

Access to Justice for Older People

Judge Gordon Ashton examines how the law should better cater for the needs of elderly and disabled people. The author is a District Judge and a member of the Law Society''s Mental Health and Disability subcommittee. He has written several books on the subject of older and mentally disabled people at law

Beyond the Sefton Case and Others

Client Care Updated for Solicitors and other Professional Advisers Richard Peel, Client Relations officer at the Office for the Supervision of Solicitors examines the important client care techniques that are vital not to ensure satisfaction amongst an increasingly demanding client base. He goes on to examine why client care is especially important for those dealing with the elderly and how crucial it is to keep all clients fully informed at every stage.

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