Download or read book Vulnerable Adults and the Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

Download or read book Undue Influence written by Sandra D. Glazier and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--

Download or read book Safeguarding Vulnerable Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2008-11-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.

Download or read book Report written by Ireland. Law Reform Commission and published by . This book was released on 2006 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Safeguarding Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2013 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

Download or read book Working with Vulnerable Adults written by Bridget Penhale and published by Routledge. This book was released on 2007-11-22 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working with Vulnerable Adults provides an understanding of current practice in social and health care, examining abuse of vulnerable adults and the ways in which social policy, welfare services and practitioners may help. It is essential reading for students and practitioners interested in finding out more about this important field.

Download or read book Vulnerable Adults and the Law written by Law Reform Commission and published by . This book was released on 2006 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Good Practice in the Law and Safeguarding Adults written by Jacki Pritchard and published by Jessica Kingsley Publishers. This book was released on 2008-10-15 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Practice in the Law and Safeguarding Adults provides an up-to-date summary of developments in the legislative framework and best practice relevant to the area of adult protection work. It explains legislation that can be used in adult protection work, covering criminal and civil law, and crucial national guidance such as Achieving Best Evidence. Issues covered include confidentiality and information-sharing in adult protection work, capacity issues, police investigations, financial abuse, advocacy, witness support and honour-based violence. The book is illustrated throughout with case studies and good practice points. This book will be essential reading for anyone working with vulnerable adults, including health and social care workers, care managers, support workers, volunteers, advocates, police, probation staff, prison staff, lawyers training officers and students.

Download or read book Safeguarding Adults and the Law Third Edition written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2019-02-21 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Safeguarding Adults and the Law, now in its third edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. It is now in an A-Z format, enabling quick reference to a wide range of civil and criminal law, and to legal case law. The book covers safeguarding duties under the Care Act 2014 and in particular the making of enquiries by local authorities, safeguarding adults boards, Department of Health guidance, human rights, regulation of health and social care providers, barring of carers from working with vulnerable adults, criminal records certificates, mental capacity, the High Court's inherent jurisdiction, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, modern slavery, domestic violence legislation, data protection and the sharing of information. The book focuses on how these areas of law, each with its own set of rules, apply to the practice of safeguarding adults. It contains numerous legal case summaries to bring the law to life. Fully updated, it reflects significant changes to civil and criminal law over the last five years. A critical introduction analyses serious challenges and issues inherent in the current culture of health and social care, and the implications for adult safeguarding. This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.

Download or read book Vulnerability Childhood and the Law written by Jonathan Herring and published by Springer. This book was released on 2018-04-05 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.

Download or read book Vulnerable Adults and the Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2016-01-21 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

Download or read book Vulnerabilities Care and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2013-11-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

Download or read book Safeguarding Adults Under the Care Act 2014 written by Adi Cooper and published by Jessica Kingsley Publishers. This book was released on 2017-08-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practice in safeguarding adults is changing, with a shift in approach to ensure it is person-centred and outcome-focused. The Care Act 2014 introduced new safeguarding duties for local authorities, and this book describes what up-to-date practice should look like, and how to provide the best quality care and support for adults who may be at risk of abuse or neglect. Chapters cover core areas of practice according to Care Act and adult safeguarding principles, identify the fundamental skills and knowledge practitioners working in this area should be able to utilise and introduce the emerging challenging issues in the workplace. As well as being invaluable to practitioners working directly in this field, this is also ideally suited to be a text for any social work course or programme on adult safeguarding practice.

Download or read book Vulnerability in Police Custody written by Roxanna Dehaghani and published by Routledge. This book was released on 2019-02-13 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a nuanced and timely contribution to the question of vulnerability in police custody. It addresses the implementation of the appropriate adult safeguard in respect of adult suspects and explores police decision-making in this context. Drawing on empirical research carried out in England, the work takes a socio-legal approach to examine how and why police custody officers implement or not the appropriate adult safeguard. The book’s core arguments are addressed within three parts. Part I examines how vulnerability is constructed philosophically and practically, firstly within the broader literature, thereafter at common law and in statute, and finally by police custody officers. Part 2 discusses how vulnerability is identified and how decisions are made in response to vulnerability. Part 3 critically assesses the theoretical understandings of police decision-making and criminal justice. Here it is argued that current theories on police decision-making hold explanatory power yet have significant shortcomings in relation to vulnerability and the appropriate adult safeguard. The book thus presents new theoretical insights and, on the basis of these insights, asserts that the current regime of regulation must be reconsidered, while police compliance may only be ensured if vulnerability is radically reconceptualised.

Download or read book Law for Social Work Practice written by Robert Johns and published by Bloomsbury Publishing. This book was released on 1999-11-11 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In adopting an innovative case-study approach to social work law and practice, this text fills a genuine need for a book which applies legal knowledge to the practice predicaments social workers face in their daily work. Focusing on an area of law not covered in depth in standard texts currently available, it offers clear and accessible coverage of care in the community and protection of the most vulnerable in our society in a stimulating practice-focused way.

Download or read book The Protection of Vulnerable Groups under International Human Rights Law written by Ingrid Nifosi-Sutton and published by Taylor & Francis. This book was released on 2017-07-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.

Download or read book Elder Abuse and Its Prevention written by National Research Council and published by National Academies Press. This book was released on 2014-03-18 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elder Abuse and Its Prevention is the summary of a workshop convened in April 2013 by the Institute of Medicine's Forum on Global Violence Prevention. Using an ecological framework, this workshop explored the burden of elder abuse around the world, focusing on its impacts on individuals, families, communities, and societies. Additionally, the workshop addressed occurrences and co-occurrences of different types of abuse, including physical, sexual, emotional, and financial, as well as neglect. The ultimate objective was to illuminate promising global and multisectoral evidence-based approaches to the prevention of elder maltreatment. While the workshop covered scope and prevalence and unique characteristics of abuse, the intention was to move beyond what is known about elder abuse to foster discussions about how to improve prevention, intervention, and mitigation of the victims' needs, particularly through collaborative efforts. The workshop discussions included innovative intervention models and opportunities for prevention across sectors and settings. Violence and related forms of abuse against elders is a global public health and human rights problem with far-reaching consequences, resulting in increased death, disability, and exploitation with collateral effects on well-being. Data suggest that at least 10 percent of elders in the United States are victims of elder maltreatment every year. In low- and middle-income countries, where the burden of violence is the greatest, the figure is likely even higher. In addition, elders experiencing risk factors such as diminishing cognitive function, caregiver dependence, and social isolation are more vulnerable to maltreatment and underreporting. As the world population of adults aged 65 and older continues to grow, the implications of elder maltreatment for health care, social welfare, justice, and financial systems are great. However, despite the magnitude of global elder maltreatment, it has been an underappreciated public health problem. Elder Abuse and Its Prevention discusses the prevalence and characteristics of elder abuse around the world, risk factors for abuse and potential adverse health outcomes, and contextually specific factors, such as culture and the role of the community.