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.
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.
This book will be an invaluable resource for all those working in community care, adult social work, health care and housing.
Review of compliance: Leeds Teaching Hospitals NHS Trust, Leeds General Infirmary. London: CQC, 2012. And: Ward, V. 'Hospital criticised by watchdog due to staff shortages.' Daily Telegraph, 19 April 2012. 1 2012: University Hospitals ...
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 ...
"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 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 will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable.
This text provides an understanding of current professional practice in social and health care, examining abuse of vulnerable adults and the ways in which social policy, welfare services and practitioners may compound or alleviate ...
Local Government Association and Association of Adult Directors of Social Services (2014) Making Safeguarding Personal[Online]. Available at https://www.cumbria.gov. uk/elibrary/Content/Internet/327/949/4246511249.pdf.
In this text book best-selling author Alison Brammer brings together the many strands of adult safeguarding to provide a succinct guide to the legal framework.