Law and the elderly Books

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Book SynopsisNo one wants to think about getting older.It's true. At any age, when things are moving along normally day to day and everyone seems fit and well, there seems no reason to think about future problems that your friends and relatives might (and probably will) come across as they age. In fact, it might even seem a little morbid to think such thoughts, or possibly even tempting fate? Yet there will come a time when you must raise these issues and, ideally, this should be before any problems arise. The Essential Family Guide to Caring for Older People is the ultimate source of information and help for families with care responsibilities. Deborah Stone draws on her extensive experience working in elder care to offer practical advice on every aspect of the field in-depth. Topics range from how to get help immediately, legal information, care funding options, a guide to useful technology and advice on the main physical and mental health issues that affect older people. Plus guTrade ReviewA clear, simple guide to a very complex process. All aspects of supporting older people are to be found in this incredibly comprehensive and useful publication. -- Professor Martin Green OBE Chief Executive: Care England Chair: The International Longevity Centre-UKAs someone who has worked professionally in the arena of adult social care for over 25 years and more recently had to deal with the need for care for a close relative, this book is a timely and very useful reminder of the do's and don'ts in dealing with increasing frailty and the need for a care home. This book is extremely helpful in guiding people through what can seem a maze of bureaucracy, at the same time not forgetting the personal aspects. -- Simon Morris, former CEO of Jewish CareThere has never been a more important time for a clear and concise guide like this - the care system can be a confusing (and sometimes perilous) maze, and families need to be well prepared and know all their options if they are going to make the right decisions for their loved ones. -- Tony Watts, Director EngAgeNetStruggling to care for older relatives? The Essential Family Guide to Caring for Older People has lots of practical advice about help at home and funding the cost of care. * My Weekly *You will be able to handle anything life throws at you with this book by your side. -- Jo Robertson * My Chestnut Reading Tree *A compassionate and well-researched ‘bible’ for anyone seeking advice on supporting their elderly friends or family members. -- Jill Adams * On The Shelf Books *It’s practical, it’s realistic both about what’s available and the hurdles along the way, and it presents a vast amount of usable information in a digestible and accessible format. -- Anne Williams * Being Anne *What an absolute gem of a book this is. I will certainly be keeping it on hand to dip into from time to time. -- Lynn Brown * Books in My Opinion *I wish I could share this book with everyone – it is helpful for anyone facing ill health of themselves, their friends and families. -- Maureen Moyes * Love Books Group *From finance to medication, from care at home to care in a home this is such a useful tool for older people, those approaching older life, their family and carers. It is a book every household should read. -- Janet Fearnley * Love Books Read Books *Informative and helpful for a situation we will all face but never take the time to plan for. I highly recommend this book for all families. * One Girl and A Book *Table of ContentsForeword by Professor Martin Green OBE A Note From the Author Introduction CHAPTER ONE What to Do If You Need Help NOW CHAPTER TWO How to Cope as a Carer CHAPTER THREE The Importance of Planning Ahead CHAPTER FOUR Essential Legal Decisions CHAPTER FIVE Financial Planning CHAPTER SIX Choosing Care CHAPTER SEVEN The Effective Use of Technology CHAPTER EIGHT Keeping Well CHAPTER NINE Medical Matters CHAPTER TEN End of Life Care Conclusion A-Z of Care Jargon Contacts Acknowledgements

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Book SynopsisThe Centers for Medicare & Medicaid Services (CMS) -- a federal agency within the Department of Health and Human Services (HHS) -- and states jointly administer and fund the Medicaid program. States have flexibility within broad federal requirements to design and implement their Medicaid programs. States must submit a state Medicaid plan to CMS for review and approval. A states approved Medicaid plan outlines the services provided and the groups of individuals covered. While states must cover certain mandatory populations and benefits, they have the option of covering other categories of individuals and benefits.

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Book SynopsisEvan H. Farr is a lawyer with expertise in asset protection and related topic. Let him, in plain language, explain the need to consider both probate and the expenses of long-term care when you create a living trust.Have you ever considered the advantages of creating a living trust? Avoiding probate through the use of living trusts is a well-known solution, but author Evan H. Farr takes this issue one step further.A revocable living trust, the main tool used for protecting your assets from probate, does not protect assets from the catastrophic expenses of long-term care. A very useful and popular estate planning tool, revocable living trusts are recommended by tens of thousands of attorneys across the United States and are used as the central estate planning document by millions of Americans. However, what most Americans don’t realize is that assets in such a trust are not protected from lawsuits or from the limitless expenses associated with nursing homes or long-term care.In order to help readers protect themselves from both probate and long-term care, Farr delves into the many details you should know when creating a living trust. He also outlines his Living Trust Plus™ Asset Protection Trust, which is the only type of self-created asset protection trust that allows you to avoid probate and retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies. He details the process of avoiding probate and securing assets, including:Joint ownership problemsSpecial needs planningHow to pay for the nursing homeWhy Medicaid planning is ethicalThe ten most common Medicaid mythsFinding the right lawyerProtecting Your Assets from Probate and Long-Term Care will help to ensure your family does not have to reap the consequences (and expenses) of improperly creating a living trust.

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Book SynopsisDirectors and officers of organizations grapple with how to manage and govern cyber risks. From asking simple questions about whether their company has a mature cybersecurity program to fielding more complex queries about ransomware and cyber insurance, boards and executives should understand what cyber governance really means and how they should be exercising oversight of digital risks. This practical and timely guide will help directors and officers, and those who counsel them, understand how to appropriately govern cyber risks. Written by leading expert Jody Westby, this resource provides the basic information directors and officers need to know to meet their fiduciary duties, exercise appropriate cyber governance, and protect their organization against shareholder derivative and securities lawsuits. Practical and user-friendly, this guidebook contains checklists, practice tips, charts, and resources to help you: Develop a governance framework in alignment with best practices and standards Understand the elements of a cybersecurity program Ensure privacy and security compliance requirements are met Manage a cybersecurity incident and make hard decisions Develop appropriate risk transfer and management strategies And more! As an added bonus, the book includes a cyber governance checklist, a cyber lingo cheat sheet, and a list of abbreviations that serve as a guide and reference.

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Book SynopsisWritten by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.Table of ContentsTABLE OF CONTENTSAcknowledgments ixAbout the Authors xiCHAPTER 1Introduction of Planning for Special Needs with Trusts 1I. Demographics 1A. The Costs of Long-Term Care 3B. Why Plan to Become Eligible for Public Benefits? 3II. History of Trust Planning 4A. Early Trust Practice (No Holds Barred) 4B. MQT 6C. OBRA ’93 8D. Medicaid Trusts 11III. Distinctions between Self-Settled and Third-Party Trusts 11A. When Can a Self-Settled Trust Actually Bea Third-Party Trust? 12IV. Examples of Various Public Benefits Programs 13V. SNT Requirements Summary 15VI. Vocabulary 15CHAPTER 2Ethical Issues and Fiduciary Representation 17I. Introduction 17II. Who Is the Client? 17A. First-Party Trusts: Is the Question, “Who Is the Client?”More Complicated? 19B. Third-Party SNTs: Is the Question, “Who Is the Client?”Easier to Answer? 21III. When an Attorney Represents the Trustee:The Ethical Issues 22IV. When the Attorney Is the Trustee (or Other Fiduciary) 27V. Does the Attorney for the Trustee Have Any Dutyor Liability to the Trust Beneficiary? 28VI. Ability to Share Information with Nonclient Beneficiary 32A. What about Privileged Information? Is That Protectedfrom Disclosure? 34VII. Always an Attorney Must Be Competent 36VIII. Conclusion 37CHAPTER 3Public Benefits 39I. Introduction 39II. Various Programs 39A. Supplemental Security Income 39B. SSDI 50III. Childhood Disability Benefits: Transitioning from SSI to SSDI 60A. Description of Programs 61B. Eligibility Requirements 62C. Proving Disability 62D. Medicare 64E. Medicaid 65F. Tips and Tricks 66IV. Federal Housing Programs under the U.S. Department of Housing and Urban Development 67A. Description of Programs 67B. Eligibility Rules 68C. Tips and Tricks 72CHAPTER 4First-Party Special Needs Trusts 77I. Introduction 77II. The Statutes and More 78III. The Program Operations Manual System 81IV. The State’s Medicaid Program 81V. The State’s Trust Code 81VI. Commentary 82VII. The Trust Is Irrevocable 84VIII. Sole Benefit 85IX. Source of Funds 86X. Distribution Standard 88XI. What Are “Special Needs”? 89XII. Some Specific Trust Provisions 89XIII. Submitting the SNT to the SSA for Approval 91XIV. Who Should Be the Trustee? 91XV. Case Law 92XVI. Creation 93XVII. Payback Requirements 95XVIII. Administrative Matters 96XIX. Spousal and Child Support 97CHAPTER 5Third-Party Special Needs Trusts 99I. Introduction 99II. What Is a Discretionary Trust? 100III. Distinctions of a Third-Party SNT from the First-Party SNT 104A. Why a Third-Party SNT? 104B. Who Is a Third Party? 109 vi Table of ContentsIV. Uniform Trust Code 110V. Inter Vivos or Testamentary? 114VI. Distribution Standard 116VII. Modification 124VIII. What the Courts Have to Say 126CHAPTER 6Modification, Reformation, Decanting, and Directed Trusts 131I. Introduction 131II. Modification 131A. Guidance from the Program Operations Manual System 134B. Modification: Applicability to Special Needs Trusts 134III. Reformation 142IV. Decanting 144A. Uniform Trust Decanting Act 145B. State Example: Florida’s Decanting Statute 147C. Decanting Cases 148V. Directed Trusts 152A. Case Law on Trust Directors 154CHAPTER 7Special Needs Trust Alternatives 157I. No SNT or Trust at All 157II. Achieving a Better Life Experience Accounts 158III. Qualified Disability Trusts 162A. Elements 164B. Taxation of Distributions 165C. Analysis 166IV. Sole Benefit Trusts 167A. Elements 168B. Analysis 169V. Settlement Protection/Preservation Trusts 171VI. Health Insurance under the Affordable Care Act 172 Table of Contents viiAPPENDICESAppendix A Self-Created Special Needs Trust 177Appendix B Third-Party Inter Vivos Trust 193Appendix C Checklist for First-Party Special Needs Trust Considerations for Interview and Drafting 209Appendix D Client Interview Questionnaire 213Appendix E Social Security Administration Notice Letter for Self-Settled Trust with Payback Language Based on SSA Step-Action from the Program Operations Manual System 221Appendix F Social Security Administration Letter for Third-Party Special Needs Trust, No Payback 229Appendix G Social Security Administration Step-Action from the Program Operations Manual System: SI 01120.203 Exceptions to Counting Trusts Established on or after January 1, 2000 233Appendix H Third-Party Special Needs Trust Information Schedule 237Appendix I Caregiver Letter 245Appendix J Trustee Letter 251Appendix K Choosing a Trustee Letter 265Appendix L Special Needs Alliance Trustees Handbook 273Appendix M Trust Distribution Standards (a Sampler) 291Appendix N ABLE Account, Special Needs, and Pooled Trust Comparison Chart 293Appendix O Transmittal 64 309Index 349

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Book SynopsisCo-sponsored by the National Guardianship AssociationServing as guardian is never simple or easy. Having the responsibility to make major life decisions for another is much more difficult than making decisions for oneself. Recent studies by the National Center for State Courts estimate that between one to two million adults are under court-supervised guardianship. The Administrative Conference of the United States estimates that approximately 75 percent of guardians are family members or friends. A constant refrain in multiple national studies and legislative reports is that once guardians are appointed they receive little instruction on how to carry out their responsibilities and have few resources to guide them.The new edition of Fundamentals of Guardianship is the much-needed, basic manual for new guardians that explains those roles and responsibilities. The court orders guardians to make decisions; Fundamentals of Guardianship explains how to make those decisions. It guides the new guardian step-by-step through the process of how to make responsible and ethical decisions, prudently manage another's resources, avoid conflicts of interest, and involve the person under guardianship in the decision process. Fundamentals of Guardianship is the authoritative resource written by guardians with decades of experience and members of the National Guardianship Association.This book will appeal to all who have been appointed as guardian or conservator, whether lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults. Included on this list are judges, court administrators, law enforcement officials, adult protective services, social workers, health care providers, case managers, residential care administrators, long-term care ombudsmen, financial institutions, and financial advisors.Table of ContentsCONTENTSIntroduction viAcknowledgments viiiWays to Avoid the Need for Guardians 1Advance Directives 1Durable Powers of Attorney 2Health Care Directives 2Living Wills 3Health Care Powers of Attorney 4Health Care Surrogate Acts 4Guardianship Initiation 5Petitioning 5Prehearing Process 6Hearing Process 6Guardian Qualifications 7Authority to Act 8Due Process Rights 8Guardians Make Decisions 10Guardian as Surrogate Decision-Maker 10Decision-Making Process 11Informed Consent 12Decision-Making Standards 13Person-Centered Decision-Making and Planning 13Substituted Judgment 14Best Interest 14Least Restrictive Alternatives 15Guardians Are Fiduciaries 16Fiduciary Relationships 19Guardians’ Relationships with Family and Friends 19Guardians’ Relationships with Other Professionals and Service Providers 20Guardians’ Relationships with the Court 20Guardians of the Person 22Assess Needs 23Assess Functional Abilities 23Give Informed Consent 24Promote the Person’s Well-Being 25Advocate for the Person 25Know the Person 26Create Care Plans 27Monitor Care and Treatment 28Develop Communication Skills 28Use Available Community Resources 29Assist with Finances 29Determine Residence 30Address Behavioral Problems 31Monitor Medical Status 32Make Medical Treatment Decisions 33Invasive Medical Procedures 35Withholding and Withdrawing Medical Treatment 36Physician Orders 36Final Arrangements 37Guardians of the Estate 38Center on the Person 39Marshal the Estate 40Inventory the Estate 41Maintain the Estate 42Invest with Prudence 43Know the Guardian’s Limits 44Develop Communication Skills 45Guardians Respect Rights 46Rights Retained 46Rights Restricted 48Rights Delegated 48Guardians Seek Modification 49Right to Restoration 49Termination Process 50Changes in the Person’s Status 50Death of the Person 51Minor Coming of Age 52Interstate Recognition and Transfer 52Removal or Resignation of the Guardian 52Successor Guardians 53Guardians Report Abuse 54Signs of Physical Abuse 54Signs of Emotional Abuse in Behaviors 55Signs of Sexual Abuse 55Signs of Neglect 55Signs of Self-Neglect 55Signs of Exploitation 56Signs of Abandonment 56Signs of Environmental Abuse 56Signs of Caregiver Abuse 56Signs of Improper Residential/Group Setting Care 56Guardians Avoid Conflicts of Interest 58Staying Out of Trouble 58National Guardianship Association Resources 60Education Products 60Professional Development 60NGA Brochures 61National Certified Guardian Study Guide 61Finance Certificate Study Guide 61Checklists and Forms 62Appendix A: National Guardianship Association Ethical Principles 109Appendix B: National Guardianship Association Standards of Practice 110Appendix C: Practice Checklist 141Appendix D: Websites 151

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Book SynopsisIn addition to the forms, a number of checklists are provided that summarize the laws and issues being discussed. Each chapter begins with an overview that gives a quick reference to the particular sections of the chapter for which the lawyer will have the most use. Readers who wish to practice in this area of the law are encouraged not only to read this book and the other publications from the ABA referenced within, but also to attend continuing education programs in order to become well versed in the state-specific application of many of these laws.

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Book SynopsisThis latest edition of the popular Elderly Client Handbook offers an updated guide to all aspects of the law, regulation and practice relevant to acting for elderly clients, from commissioning care to will drafting.

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Book SynopsisPopulation ageing poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law. Providing a deepened understanding of population ageing in terms of vulnerability, intergenerational conflict and solidarity, expert contributors highlight the necessity for a contextualized ageing concept. As well as offering a comparative analysis of active ageing policies across the EU, this book examines a range of topics including age discrimination in employment and the freedom of movement of EU citizens from the ageing individual's point of view. It also goes on to describe elder care developments, discussing the ageing individual's autonomy in relation to both traditional inheritance rights and growing instances of dementia. Timely and engaging, this book will appeal to academic scholars and students in relevant areas of law as well as those studying across the social sciences. Exploring a broad range of socio-legal issues in relation to demographic ageing, it will also inform legal practitioners and policymakers alike.Contributors include: M. Axmin, A. Blackham, C. Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann, T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M. Rönnmar, E. Ryrstedt, K. Scott, E. Trolle Önnerfors, C. Ulander-Wänman, J.J. Votinius, A. ZbyszewskaTrade Review'At a time when Western countries are increasingly preoccupied with the challenges posed by an ageing population, few legal scholars have turned their attention to the multiplicity of issues raised by ageing. The Norma Elder Law Research Environment is the honorable exception. Bringing together writers from a variety of legal disciplines and backgrounds,this timely collection examines the key issues associated with an ageing population in an innovative and thought-provoking manner.' --(Catherine Barnard, Professor of EU law and Employment Law, University of Cambridge, UK)Table of ContentsContents: Preface PART I INTRODUCTION 1. Introduction Ann Numhauser-Henning 2. Demographic Developments and Economic Challenges in an Ageing Europe Kirk Scott PART II CONCEPTUAL AND THEORETICAL PERSPECTIVES 3. Dignity, Disadvantage, and Age: Putting Constitutional and Fundamental Rights to Work for Older Workers Judy Fudge 4. The Elder Law Individual Versus Societal Dichotomy – A European Perspective Ann Numhauser-Henning 5. Vulnerability and Ageing Titti Mattsson and Mirjam Katzin 6. Intergenerational Aspects of Elder Law: Conflict, Solidarity – or Ambivalence Jenny Julén Votinius and Mia Rönnmar PART III ELEMENTS OF ELDER LAW 7. Equal Treatment and Age-Discrimination – Inside and Outside Working Life Ann Numhauser-Henning, Jenny Julén Votinius and Ania Zbyszewska 8. The Rationales of Government Action on Ageing and the Extension of Working Lives Alysia Blackham, Miriam Kullmann, Hanna Pettersson and Ania Zbyszewska 9. Employment Protection and Older Workers Mia Rönnmar, Miriam Kullmann, Ann Numhauser-Henning and Carin Ulander-Wänman 10. Prolonged Working Life and Flexible Retirement in Public and Occupational Pension Schemes Andreas Inghammar, Cécile Brokelind and Per Norberg 11. Migrant Pensioners – Taxation and Healthcare Issues in the EU Cécile Brokelind and Martina Axmin, 12. Legal Approaches to Private and Public Responsibilities for Elder Care Hanna Pettersson and Mirjam Katzin 13. Perspectives on Solidarity in Social Security, Healthcare, and Medical Research Titti Mattsson, Martina Axmin and Emma Holm 14. New Legal Conflicts in an Old Legal Context: The Law of Inheritance and its Challenges in the Twenty-first Century in the Perspective of the Ageing Individual Elsa Trolle Önnerfors 15. Dementia and Autonomy Eva Ryrstedt Index

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Book SynopsisClinical dilemmas in dementia contexts are often not because the clinical facts are in doubt, but because the ethical and legal underpinnings are uncertain - which can cause worry and confusion. This practical book will help nurses, healthcare assistants and other practitioners to think through their responses clearly in the midst of these difficultsituations.The chapters all stand alone, allowing the reader to dip quickly in and out of the book as required. They address complex issues such as abuse, behaviour that challenges, forced care, treatment withdrawal, and contain clinical case vignettes throughout. This is essential reading to give practitioners the confidence that good legal and ethical decisions can be made in the same way as good clinical decisions.

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Book SynopsisOne of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.Trade ReviewBrings a huge weight of expertise to bear in the lightest way possible upon almost all issues that might be relevant for those thinking about making a power of attorney, being an attorney, or working with an attorney. ... Succeeds magnificently ... Masterful -- Alex Ruck Keene * Mental Capacity Law and Policy *

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Book SynopsisEurope is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons.Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons.Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. WatsonTrade Review'This is an excellent collection of essays from some of the leading scholars on ageing and the law. It brings new insights from around Europe on one of the great issues of the day. Protecting the rights of older people is a core issue facing any legal system and this collection provides essential tools to ensure that the law enables us to have a flourishing old age.' --Jonathan Herring, University of Oxford, UK'A ground-breaking, stimulating, and beautifully curated collection that will become the leading book in this urgently important and under-discussed area of the law.' --Charles Foster, University of Oxford, UK'Ageing, Ageism and the Law offers insightful commentary on the issues of ageing, ageism and discrimination from various perspectives. The book provides the reader with a deeper understanding of the issues as the authors delve into their topics with insightfulness. This thought-provoking book is a welcome addition to the field and advances the discourse on this significant issue.' --Rebecca C. Morgan, Stetson University, College of Law, USTable of ContentsContents: Forward Liat Ayalon and Clemens Tesch-Romer Introduction: Between Law, Aging and Ageism Israel (Issi) Doron and Nena Georgantzi Part I Theories and Concepts 1. Equality, Social Justice and Older People Rosie Harding 2. Age, Vulnerability and Disability Titti Mattsson 3. Ageism, Moral Agency, and Autonomy - Getting Beyond Guardianship in the 21st Century Gerard Quinn, Ayelet Gur and Jo Watson Part II Realities and Legal Experiences 4. Legal Basis of Active Ageing: European Developments Barbara Mikołajczyk 5. Ageism, Age Discrimination, Ageism, and Employment Law in the EU… Ann Numhauser-Henning 6. Stereotyping and Other “Forms of Discrimination in the Chicago Declaration on the Rights of Older Persons and in the Case Law of the European Court of Human Rights Eugenio Mantovani, Paul Quinn and Paul de Hert 7. The European Social Charter and the Rights of Older Persons Benny Spanier and Israel Doron 8. Ageism and Age Discrimination in International Human Rights Law Marijke De Pauw, Bridget Sleap and Nena Georgantzi Index

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Book SynopsisThis comprehensive book explains the provision, both law and practice, of equipment and home adaptations to assist older or disabled people in daily living. Characterised by ill-defined statutory responsibilities and terminology, and an under-developed consumer retail market, the system of provision has long been recognised as chaotic and confusing for professionals and public alike. This is despite the fact that equipment and adaptations are meant to be a central plank of community care.Necessarily wide-ranging but maintaining its focus, the book aims critically to describe the system and thereby promote better practice. By exploring boundaries and breaking points of the system, it will also assist people to understand the law when things go wrong - from negligence to judicial review, and from contract to product safety legislation. Providing both overviews and extensive details, and so capable of use on various levels, the book will be indispensable to managers and practitioners in statutory services (social services, the NHS, housing, education and employment), advice agencies, voluntary organisations, manufacturers and suppliers, educational institutions, and lawyers.The range of items covered is great, from alarms to artificial limbs, baths to bedrooms, chopping boards to crutches, electronic toothbrushes to environmental controls, hearing aids to hoists, incontinence pads to ironing equipment, rails to ramps, speech aids to stairlifts, and walking frames to wheelchairs.Part I summarises provision and picks out main themes - including conflicts, contradictions and anxieties - emerging from a complex web of legislation, common law, guidance, everyday practices, complaints procedures, ombudsmen, formal legal remedies, broader welfare and consumer issues, and interaction of the public, private and voluntary sectors. It is pointed out that the rationing and fragmentation of welfare services, proliferation of community care legislation and guidance, and implementation of European Community Directives have merely added to the complexity.Part II explains systematically and in detail how, and on what legal basis, equipment and adaptations are provided by statutory services for people's social care, health care, housing, education and employment needs. Also covered is provision for people in residential and nursing homes.Spanning disparate areas of law, Part III illustrates what happens when things go wrong - outlining the law of negligence, and contractual issues arising about price, quality and `fitness of purpose' when people buy their own equipment. It discusses increasingly prominent European Community Directives and UK Regulations which impose legal liability in relation to defective products, lifting and handling, medical devices and general product safety. Both judicial review by the law courts and investigations by the ombudsmen are described, crucial remedies when people challenge - or statutory services defend - assessments, service delivery and rationing.Finally, Part IV lists, A-Z, equipment types from Air beds to Writing equipment, detailing what they are, how they are provided and by whom.Trade ReviewMichael Mandelstam, in his book Equipment for Older or Disabled People and the Law, aims to help people understand the law when problems loom, "by exploring boundaries and breaking points - from negligence to judicial review and from contract to product safety legislation". -- Therapy WeeklyMichael Mandelstam has written an extremely well researched and, generally, very readable book on a previously ignored area of law... whilst Mandelstam does offer a capable legal exposition, he manages to do so without compromising clarity or academic integrity. Mandelstam adopts a uniform approach to the beginning of each chapter by providing summary information under the heads of:"coverage", "key points" and "questions people ask". Students, in particular, should find this format aids the comprehension and revision process and it is this readership that I would particularly like to see utilising this valuable resource... Mandelstam's explanation of the law relating to negligence, product safety, contracts and judicial review of statutory services, provides an insightful introduction to some potentially complicated principles, without becoming either trite or overly complex... Equipment for Older or Disabled People and the Law provides a detailed and well-informed critique of current provision... I particularly commend this book to the ministers who will seek to implement a new agenda for Britain, an agenda in which disabled people demand to be included. -- Disability and SocietyThe author manages competently the awesome task of explaining legal concepts within an easily accessible format... From the occupational therapists' viewpoint, the book is indispensable for clarifying work in the assessment, recommendation and provision of equipment at a time when complaints and litigation are on the increase. -- British Journal of Occupational Therapya fascinating book to read and a useful, daily reference guide. -- Journal of Social Work PracticeThis is a book that every manager should read and consider. It is essential for all occupational therapists who are involved in teaching manual handling to others. Back care advisers may be familiar with some of the cases, but this text provides a comprehensive summary of the case law on manual handling issues and should be at their right hand when drafting policies and procedures that comply with the regulations. -- The British Journal of Occupational TherapyTable of ContentsPART I: 1. Introduction 2. Main themes of the book 3. Overview of provision of equipment in practice. 4. Equipment and awareness of the law. 5. When things go wrong. 6. What statutory services and their staff can and can't do. PART II: 7. Provision of equipment by social services departments. 8. Provision of equipment by the NHS. 9. Provision of equipment in residential and nursing homes. 10. Provision of home adaptations by housing authorities and social services departments. 11. Provision of equipment for pupils and students with special educational needs. 12. Provision of equipment and adaptations for work. 13. War pensioners: provision of equipment and adaptations. PART III: 14. Negligence. 15. Product liability, safety and legislative requirements. 16. Buying equipment and making contracts 17. Challenging the decisions of statutory services about equipment provision: judicial review. 18. Breach of duties in relation to equipment: criminal and civil liability. PART IV: AZ List of types of equipment and its availability through statutory services.

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Book SynopsisCommunity Care and the Law is the pre-eminent legal text on adult social care law. Its contributors are leading experts in the field and the lead author, Professor Luke Clements, was the expert adviser to the Parliamentary Committee that scrutinised the Bill that became the Care Act 2014. The seventh edition has involved a comprehensive revision of this established text to provide an up-to-date analysis of the law relating to the rights of adults in need and carers in England. Community Care and the Law is the leading text for lawyers, policy-makers, local authority and voluntary sector advisers and carers. The book presents this complex area of law with clarity but without over-simplification. It provides a detailed route map through the law and offers practical guidance on how it impacts on procedures and services. There is a comprehensive coverage of local authority duties and powers, to adults in need and to carers - including assessments, care planning, ordinary residence, care and support services, direct payments, NHS responsibilities, housing, safeguarding and the rights of asylum-seekers. The remedies chapter has a step by step guide to complaints, ombudsman and judicial review procedures. This seventh edition has been fully updated throughout and includes: * an updated section concerning the well-being principles including reference to the UN Convention on the Rights of Persons with Disabilities General Comment (2017) on Article 19 (the right to independent living * a new chapter focussing specifically on the Eligibility Criteria * coverage of recent secretary of state ordinary residence determinations clarifying the new rules relating to supported living and shared lives as specified accommodation for ordinary residence purposes * substantially reworked text covering the new (October) 2018 NHS Continuing Healthcare Framework Guidance * an updated information, data protection and confidentiality chapter referencing the Data Protection Act 2018 and the General Data Protection Regulation Community Care and the Law contains extensive cross referencing for easy navigation. The appendices include the text of the key provisions of the Care Act 2014 and other relevant legislation.

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