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Living will: an Eastern and a Western perspective
- Authors:
- HONG Chia Swee, HAVERS Julia
- Journal article citation:
- Elders the Journal of Care and Practice, 5(2), July 1996, pp.31-40.
This article defines the term 'Living Wills'. It outlines the historical context leading to the development of living wills and the legal position regarding their use in Singapore and Britain. Finally the relevance of living wills is briefly discussed with reference to occupational therapy practice.
OFT investigation into retirement home transfer fee terms: a report on the OFT's findings
- Author:
- OFFICE OF FAIR TRADING
- Publisher:
- Stationery Office
- Publication year:
- 2013
- Pagination:
- 68p.
- Place of publication:
- London
In September 2009 the Office of Fair Trading (OFT) announced an investigation into the contract terms signed by owner-occupiers of purpose-built retirement homes. The OFT considered that a number of terms relating to transfer fees, payable when a lease is assigned, sold or disposed of, may be unfair, and hence breach the Unfair Terms in Consumer Contracts Regulations 1999. Transfer fee terms typically provide that a percentage of the sale price or original purchase price goes to the developer and/or managing agent when the property is sold or sub-let and can amount to thousands of pounds. In general, the OFT believes that there are a number of features of transfer fee terms which make them potentially unfair. In particular, consumers may struggle to understand the implications of the transfer fee (even when transparent) due to a lack of certainty about their future financial obligations. As a result of the investigation, a number of landlords have agreed to make changes. The report sets out general principles that all landlords will be expected to abide by when enforcing transfer fee terms in existing leases. The OFT also recommends that legislative reform be considered as a means to address the difficulties tenants have in challenging the reasonableness of transfer fees.
Informal carers and private law
- Author:
- SLOAN Brian
- Publisher:
- Hart Publishing
- Publication year:
- 2012
- Pagination:
- 290p.
- Place of publication:
- Oxford
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Contents include: Introduction; property law claims: proprietary estoppel and constructive trusts; statutory enforcement of testamentary promises; unjust enrichment; family provision; ‘inter vivos’ provision on the breakdown of caring relationships; undue influence; and conclusion.
Extra care housing for people with dementia
- Author:
- DOW John
- Journal article citation:
- Journal of Integrated Care, 14(3), June 2006, pp.19-21.
- Publisher:
- Emerald
This article considers some of the legal complexities involved in relation to older people suffering from dementia who are moving from their own homes into extra care housing schemes. The article focuses on registration; the person's capacity to enter into a tenancy agreement and disability discrimination issues.
Addressing the ageing workforce: a critical examination of legal policy objectives and values in the United Kingdom
- Author:
- BLACKHAM Alysia
- Journal article citation:
- Ageing and Society, 37(7), 2017, pp.1362-1393.
- Publisher:
- Cambridge University Press
Population ageing is a key challenge confronting European policy makers. Ageing is a complex issue, requiring a value-driven approach to law and policy. However, there has been limited consideration of what values are driving ageing law and policy in the European Union, or if these values are appropriate. Drawing on an empirical study of United Kingdom (UK) legal policy documents, this paper identifies and critiques the primary values and objectives driving ageing law and policy in the field of employment. It is argued that the values driving UK law and policy are often contested, contradictory and under-defined, and there has been limited thought given to how they should be prioritised in the event they conflict. Thus, there is a serious need to reconsider the approach to age and employment taken by policy makers, and to clarify better the key values on which law and policy rest. (Publisher abstract)
Portal or pot hole? Exploring how older people use the ‘information superhighway’ for advice relating to problems with a legal dimension
- Authors:
- DENVIR Catrina, BALMER Nigel J., PLEASENCE Pascoe
- Journal article citation:
- Ageing and Society, 34(4), 2014, pp.670-699.
- Publisher:
- Cambridge University Press
As an increasing number of Government services have moved away from traditional modes of provision to online formats, there has been a corresponding need to ensure greater access to the internet. This paper explores how older people use the internet as an information and advice resource to resolve every day problem with a legal dimension. Data come from the English and Welsh Civil and Social Justice Survey (CSJS). The CSJS sample was drawn by randomly selecting residential addresses from 540 postcode sectors, spread throughout England and Wales. Of the survey respondents 2,894 respondents were aged over 60 years and form the focus of this paper. The study found that those aged over 60 demonstrate the least use of the internet for problems with a legal dimension. Simultaneously, those aged over 60 are also the group with the lowest level of home access. Examining use of the internet for advice seeking over the last decade, findings demonstrate the existence of a general increase in use amongst all age groups over time, albeit with a lower rate of growth amongst those currently over 60. Whilst the ‘young old’ will utilise the internet to a greater degree and will require websites which are tailored to their needs, those individuals at the older end of the age spectrum may best be served by continued access to face-to-face or outreach advice. The implications these findings pose for policy makers in setting priorities in the remit of online service provision are discussed, with results having particular relevance in England and Wales given planned changes to civil legal aid. (Edited publisher abstract)
Handyperson schemes and the Equality Act 2010
- Authors:
- MORIARTY Jo, MANTHORPE Jill
- Journal article citation:
- Housing Care and Support, 16(3/4), 2013, pp.114-125.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to explore whether handyperson services are able to meet the needs of diverse groups of older people, specifically in the UK policy context, to meet the requirements of the Equality Act (2010). Design/methodology/approach: The scoping review of the literature was conducted in 2012 using a wide range of literature from the UK. Findings: In an under-researched field it is difficult for policy makers to determine whether handyperson schemes and their associated services are accessible to and being used by all sections of the older population. Schemes do not generally collect and report data about their users. Research limitations/implications: The scoping review concentrates on UK literature. There are a variety of handyperson schemes and they operate in different ways with different criteria and priorities. Some of the accounts of handyperson schemes provide little data about user characteristics. Practical implications – The paper suggests how handyperson schemes may be able to meet the requirements of the Equality Act (2010) by outlining what data are needed and approaches to gathering it sensitively and proportionally. Originality/value: The paper is the first to consider the implications of the Equality Act for handyperson schemes, which may be relevant to other housing and care services. (Publisher abstract)
Guidance on unfair terms in care home contracts: a guide for professional advisers
- Author:
- GREAT BRITAIN. Office of Fair Trading
- Publisher:
- Great Britain. Office of Fair Trading
- Publication year:
- 2003
- Pagination:
- 52p.
- Place of publication:
- London
The Office of Fair Trading (OFT) considers certain standard contract terms used in care home agreements to be potentially unfair under the Unfair Terms in Consumer Contracts Regulations 1999. This guide sets out these views and explains the basis on which enforcement action may be taken. It is confined to the standard contract terms used in care home agreements with self-funding consumers, and is based on a review of a sample of existing contracts. The guide starts by explaining the test of unfairness set out in the Regulations. It then sets out the main areas of concern in care home agreements, looking at: financial liabilities; legalistic terms; the core terms; mental capacity; and exclusions of liability. A range of types of unfair terms are analysed, and some examples of unfair and revised terms are provided. This guide is aimed at those working in consumer law enforcement, particularly trading standards officers and other professional advisers.
Age discrimination in mental health services needs to be understood
- Author:
- ANDERSON Dave
- Journal article citation:
- Psychiatrist (The), 35(1), January 2011, pp.1-4.
- Publisher:
- Royal College of Psychiatrists
This paper, by a hospital consultant and lecturer in old age psychiatry, states that with an ageing population comes age discrimination in mental health services. He suggests this discrimination appears more pronounced than in other areas of health and social care. Quantitative, financial evidence for this is discussed. The relevant legislation in the UK is currently being reviewed and from 2012 it will be unlawful to make unjustified discriminations due to age. This author advises of implications for the organisation and delivery of mental health care, asks and answers what age discrimination is and how age discrimination in mental health has happened? He describes the status of age equality in current legislation, with regard to the Equality Bill (introduced in 2008, now an Act) and details key changes to date and those likely in the future. In a section entitled the population v. individual conundrum, the author describes his and reviews others' views. He goes on to discuss future mental health services, with reference to the Equality Act, the Department of Health’s 2009 New Horizons initiative and other age-inclusive policies. He cautions that these should be understood and implemented without cynicism, in order to offer greater hope for a fair deal for older people in the future.
Ageism and age discrimination in secondary health care in the United Kingdom: a review from the literature
- Author:
- LIEVESLEY Nat
- Publisher:
- Centre for Policy on Ageing
- Publication year:
- 2009
- Pagination:
- 73p., bibliog.
- Place of publication:
- London
The Department of Health has commissioned this review of evidence of ageism and age discrimination in secondary health care in the United Kingdom in the context of the European Commission Draft Directive (July 2008) - COM (2008) 426 and the introduction in the UK parliament, in April 2009, of the Equality Bill and related secondary legislation that will outlaw age discrimination in the provision of goods and services. Topics include: ageist attitudes in healthcare; hospital care; discrimination in the treatment of particular conditions: cancer, cardiology, transient ischaemic attack and stroke, diabetes, osteoporosis, osteoarthritis, Parkinson's disease; clinical trials; NICE guidelines and the use of QALYS. This is one of four reviews of ageism and age discrimination in health and social care.