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home > events /diary > external events February 2006: Elder Abuse Work shop
Elder Abuse by Essential Carers: Law and Practice
February 8, 2006, 11am - 1pm
Speakers include experts from a number of relevant disciplines including:-
• Keith Lock, the Official Solicitor
• Professor Robert Howard, Professor of Old Age Psychiatry and Psychopathology, Institute of Psychiatry, London
Summary: This workshop addresses emotional, property and other abuse of frail, vulnerable elders with full mental capacity but physically dependent on carers such as a melted-down, burnt-out spouse.
The workshop will multidisciplinarily address predicting, pre-empting, unmasking, preventing and remedying such abuse. It will particularly look at how the manipulative carer camouflages and displaces abuse, how the trapped, manipulative caree becomes reconciled to it, how social services fail to spot it, and how complex are the avenues of recourse for concerned family and friends determined to stop it.
Specific content: Law and practice to be addressed includes:-
(1) professional abuse: GP negligence, physician/surgeon negligence, hospital negligence, social services negligence, lawyer negligence, financial adviser negligence; residential home abuse; general cultural neglect of the elderly
(2) domestic abuse: abuse by carers, spouses, offspring; the frail vulnerable mentally competent geriatric at the mercy of carers, spouse and offspring; well camouflaged dysfunction; assessing the true nature and quality of care regardless of appearances; psychological problems in carers; carer fatigue; carer dishonesty and manipulation; legal irrelevance of good faith and good intentions; Protection from Harassment Act 1996 complaints against concerned relatives and friends by the dysfunctional carer
(3) recording abuse: ways to collect and preserve admissible evidence; the documentary trail; eliciting the truth from the vulnerable caree; ascertaining and executing the caree's own wishes; power of attorney; enduring power of attorney
(4) whose rights and remedies?: 'close relative' and friend standing, functions, rights and responsibilities
(5) the court route:-
• pre-court options (mediation; professional conduct complaints etc.)
• gaps in the law: how the law is failing abused carers, abusive carees and concerned family and friends
• which court? Family Division, Chancery Division, Court of Protection, County Court, others
• standing to apply to a court: the mentally competent and incompetent caree; inability to exercise mental competence; local authority; concerned family and friends
• court jurisdiction: each court's express and inherent jurisdiction
• remedies: declarations, injunctions, property preservation and restoration; best interests orders; mental health remedies; overt and covert sectioning
• conduct of litigation by the mental competent but abused and physically ineffectual old person; Court of Protection; Official Solicitor; guardians and receivers
• new remedies under Mental Capacity Act 2005.
To book:
See http://www.astorlawdirect.com/seminars
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