Bournewood revisited--do recent changes to the law regarding Deprivation of Liberty Safeguards represent an opportunity or an opportunity cost?

Gordon, Adam L; Goldberg, Sarah; Harwood, Rowan H.

doi:10.1093/ageing/afu178

Cited by 1 publication

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“…Recent studies indicate that severe depression, anxiety disorders and lifetime alcohol disorders are also common in those over the age of 65 (Büchtemann, Luppa, Bramesfeld, & Riedel-Heller, 2012;Skoog, 2011;Volkert, Schulz, Härter, Wlodarczyk, & Andreas, 2013). As a result of this we can expect increased legal activity as to their decision-making over the coming years, and as has been noted recently in Deprivation of Liberty Safeguard applications (Gordon, Goldberg & Harwood, 2015;Health and Social Care Information Centre, 2014).…”

Section: Inappropriate Remedies For Older Adultsmentioning

confidence: 90%

The good, the bad, and the ‘vulnerable older adult’

Pritchard‐Jones

2016

Journal of Social Welfare and Family Law

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Recent declarations by the Court of Appeal indicate that the inherent jurisdiction has survived the implementation of the Mental Capacity Act 2005 for adults considered 'vulnerable' and whose decision-making is threatened by reasons other than mental impairment -such occasions may include instances of elder abuse. In this paper I argue, however, that the post-Mental Capacity Act courts have adopted a confused and outmoded concept of the vulnerable older adult, in particular where decision-making is threatened by abusive interpersonal relationships experienced by an older individual. This has particular implications in terms of the types of remedies imposed by the courts on older adults in such circumstances. In this article I suggest that by being more cognisant of recent more nuanced understandings of vulnerability, the courts may be better suited to identifying, and responding to perceived sources of vulnerability in a way that is more empowering for the older adult.

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Section: Inappropriate Remedies For Older Adultsmentioning

confidence: 90%

The good, the bad, and the ‘vulnerable older adult’

Pritchard‐Jones

2016

Journal of Social Welfare and Family Law

View full text Add to dashboard Cite

show abstract

Bournewood revisited--do recent changes to the law regarding Deprivation of Liberty Safeguards represent an opportunity or an opportunity cost?

Cited by 1 publication

References 3 publications

The good, the bad, and the ‘vulnerable older adult’

The good, the bad, and the ‘vulnerable older adult’

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