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Adult Social Care and Property Rights

Accepted version
Peer-reviewed

Repository DOI


Type

Article

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Authors

Abstract

This article assesses the possible impact of the Care Act 2014 on the provision of social care for elderly and disabled adults in England, focusing particularly on the balance between ensuring adequate care and affecting the property rights of the recipients of social care, their families, and others who might have legal or moral claims to their property (especially via inheritance). The article uses the European Convention on Human Rights to measure the Act's implications, arguing that normative problems remain despite the Act's general compatibility with the Convention.

Description

Keywords

human rights, succession, carers, dignity

Journal Title

Oxford Journal of Legal Studies

Conference Name

Journal ISSN

0143-6503
1464-3820

Volume Title

36

Publisher

Oxford University Press (OUP)
Sponsorship
This article arises out of an Early Career Fellowship at the Centre for Research in the Arts, Social Sciences & Humanities (CRASSH), Cambridge. The author is very grateful for the Fellowship, and for the comments on earlier drafts of this article of attendees of a CRASSH Work in Progress Seminar in January 2015, a presentation during the “Challenging Ownership” stream of the Socio-Legal Studies Association Annual Conference at the University of Warwick in April 2015 (attendance at which was facilitated by a Cambridge Humanities Research Grant) and the anonymous referees.