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.

"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"--

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.

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.

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.