A DETAILED AND AUTHORITATIVE OVERVIEW OF LEGAL ISSUES AFFECTING THE ELDERLY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

With an increasingly aging population, works of reference concerning legal issues pertaining to elderly people are now becoming almost commonplace.

An especially outstanding example, now in its second edition from Jordan Publishing is Elderly People and the Law co-authored by Gordon Ashton, retired district judge and nominated judge of the Court of Protection. He reminds us that it was almost 20 years ago that he wrote the first edition of this now well established and authoritative practitioners guide to a diverse and difficult subject.

It was so much simpler then, he remembers, adding that community care was then in its infancy, the courts had less involvement in healthcare, and mental incapacity was only addressed in respect of financial affairs. Since then, as he points out, the social and legal climate has changed almost unrecognizably in the intervening years and the fields of law that need to be covered have expanded exponentially.

Also, unlike two decades ago, we now have the Internet through which a veritable deluge of information can be accessed, even law reports, which are often freely available. The challenge for the busy practitioner, though, remains in collecting often disparate information and bringing it together to select and organize the material needed specifically to assist a client. This is a rather a problem for those advising or representing elderly clients on one or several issues, or a range of them hence the pressing need for this book.

Together with his co-author Caroline Bielanska, recently retired chief executive of Solicitors for the Elderly, Ashton has set out, with ample success in my view, to create an overview in a world of legal specialisms which brings all the relevant material pertaining to a whole range of legal issues that directly affect older people.

The book covers most, if not all, the areas of law that impact on the elderly. After introducing the general legal background, it examines such matters as mental capacity and the Court of Protection, as well as the exercise of rights and the performance of duties by older people. Practical matters covered in detail include the family and carers, housing, community and health care, financial affairs, testamentary provision and matters arising on death.

Challenging the authorities is the similarly challenging title of Chapter 9, which deals with pesky issues like medical reports, data protection, complaints procedures and the Ombudsman.

You never know, do you, when information like this might come in very handy. Furthermore, if youre doing further research, there are numerous references in the footnotes throughout, as well as extensive tables of cases, statutes, and statutory instruments. And dont forget that formidable 55-page index.

If you are a practitioner or indeed anyone advising the elderly on a range of legal matters, youd do well to acquire this reliable, authoritative and up-to-date volume as the mainstay of your professional library. It is also available as an eBook.