Adult Social Care and Property Rights
Oxford Journal of Legal Studies
Oxford University Press
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Sloan, B. (2016). Adult Social Care and Property Rights. Oxford Journal of Legal Studies, 36 428-458. https://doi.org/10.1093/ojls/gqw008
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.
human rights, succession, carers, dignity
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.
External DOI: https://doi.org/10.1093/ojls/gqw008
This record's URL: https://www.repository.cam.ac.uk/handle/1810/253973