Dementia and the Law

This book addresses the full range of legal issues that arise in respect of 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 Mental Health Act 1983 (MHA); rights to assessment, treatment and care services; the Mental Capacity Act 2005; financial deputies and attorneys; and care funding, before concluding with a detailed section on the remedies which may be deployed to resolve disputes in these areas. The first section 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. This is followed by a second section which is focussed on legal issues surrounding the care provided to a person with dementia. The third section is concerned with the property and financial issues affecting those with dementia. The final section of the book concentrates on the remedies available when disputes arise in respect of a person suffering from dementia. This book covers both England and Wales to include additional reference wherever the law differs in Wales.

o Diagnosis and Assessment * Access and rights to information * Hospitalisation and sectioning * Rights to assessments o Care * Welfare and best interests * Medical care * Social care * Carers' rights and duties o Property and Finance * Lasting and Enduring Powers of Attorney * Property and Affairs in the Court of Protection * Funding for care services o Remedies * Challenging decisions and making complaints * Resolving disputes - Mediation and Appropriate Dispute Resolution * Court of Protection * Judicial Review * Other remedies o Statutory materials o Forms and Precedents