The social security appointee system.
Abstract The aim of this article is to analyse the operation of the social security appointee system, evaluating it from the point of view of the claimant, the appointee and the public. Consideration is given to the criteria for appointment, the appointment process, the effect of the appointment and the controls after an appointment is made. The Law Commission's proposals in relation to the appointee system are discussed and further suggestions are made for reform. The background research to the article has focused on the Northern Ireland appointee system which is identical to that operated in Great Britain.
In the best interests of elderly people? The role of local authorities in handling and safeguarding the personal finances of elderly people with dementia
Abstract This article focuses upon local authority responses when elderly people with dementia are incapable of managing their own financial affairs. The article starts with a critique of existing legal and administrative arrangements for handling and managing other people's money and examines some of the recommendations contained within the Law Commission report Mental Incapacity. Drawing on research about the policies, procedures and guidance of twenty-seven local authorities, this article demonstrates the fragmented and variable response of local authorities to issues such as assessing mental and financial incapacity; ensuring best practice in handling and spending money on behalf of another person; regularly reviewing and monitoring the need for receivership or appointeeship and allowing residential and nursing-home managers and proprietors to act as appointees. The article asks whether local authorities should continue to be involved in this area and suggests that, if so, they need to urgently develo...
Therapeutic jurisprudence and changing conceptions of legal scholarship
This article traces changes in the nature of legal scholarship and illustrates how therapeutic jurisprudence reflects changing conceptions of the law and legal scholarship. It argues that therapeutic jurisprudence may be regarded as a mental health law counterpart to „New Public Law,” and shows that questions asked by therapeutic jurisprudence scholars parallel closely those asked by public law scholars.