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Clarke & Son Blog​

People with dementia ‘failed’ by deprivation of liberty law

Nia Wharry, Partner & Head of Wills & Estate Planning

This article discusses how a law meant to safeguard vulnerable people is actually restricting their liberty. If you have an elderly relative with dementia or care for a vulnerable person with learning difficulties, there are things you can do legally to protect their interests.

People with dementia and learning difficulties are being detained in care without checks due to a ‘failing’ law, the Law Commission has said.

It said a 2014 Supreme Court ruling that widened the definition of who was subject to the Deprivation of Liberty Safeguards had led to a rise in cases.

Services cannot cope, deadlines were “routinely breached” and the system should be replaced, the body reported.

The government commissioned the report and said it would review the law.

The Law Commission, an independent body which reviews laws in England and Wales, made several recommendations to improve the system.

These included requiring all decision-makers to put greater weight on the person’s wishes and feelings when making decisions under the Mental Capacity Act.

Read more http://bbc.in/2mC6o1k

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