Dementia and the Law

By Tony Harrop-Griffiths, Jonathan Cowen, Christine Cooper, Rhys Hadden, Angela Hodes, Victoria Flowers, Steven Fuller

This book addresses the full range of legal issues in the UK that arise in respect to people suffering from dementia, setting out the law in a clear and accessible form. Starting from the initial stages of obtaining information, the book follows a logical sequence through: the powers under the UK's Mental Health Act (MHA) 1983 * rights to assessment, treatment, and care services * the Mental Capacity Act (MCA) 2005 * financial deputies and attorneys * care funding. It concludes with a detailed section on the remedies which may be deployed to resolve disputes in these areas. The first section of the book deals with legal issues that arise at the time of diagnosis and in the period when the dementia begins to have a significant impact on the person's life. Access to information about a person with dementia is a particularly complex problem. The rights and duties of disclosure of personal data and medical information are set out in this context. The powers to detain a person with dementia under the MHA are explained, as is the role given to the nearest relative. The second section is focused on legal issues surrounding the care provided to a person with dementia. The concept of 'best interests' is explained at the start of this section, along with the legal approach under the MCA to making decisions for the person with dementia (such as when to deprive that person of his or her liberty). The rights to receive a particular medical treatment and to refuse treatment are set out before turning to the legal issues surrounding care services provided by the local authority. The third section is concerned with the property and financial issues affecting those with dementia. The legal processes, powers, and obligations of attorneys and financial deputies are set out and explained in context along with practical information about the most common problems (such as the sale of property). This section concludes with a chapter covering issues concerning the funding of care. The final section concentrates on the remedies available when disputes arise, as they are likely to apply to a person suffering from dementia. The book covers both England and Wales, and includes additional reference wherever the law differs in Wales. [Subject: Mental Health Law]

Publication Date: 1/31/2014
Format: Paper
ISBN: 9781846617560