Adult Social Care and Property Rights
(2016) 36 Oxford Journal of Legal Studies 428
49 Pages Posted: 29 Apr 2015 Last revised: 15 Jun 2018
Date Written: April 28, 2015
Please note that due to restrictions imposed by the journal, this is the originally submitted manuscript dating from April 2015. The author accepted version cannot be posted until 24 months after publication of the final article. Please contact the author if you require the author accepted version.
This paper arises out of the project on adult social care and property rights that the author began at the Centre for Research in the Arts, Social Sciences & Humanities (CRASSH) in Cambridge. It 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 paper 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.
Keywords: human rights, succession, carers, dignity
JEL Classification: K11, K32, K36
Suggested Citation: Suggested Citation