Adult Social Care and Property Rights

(2016) 36 Oxford Journal of Legal Studies 428

University of Cambridge Faculty of Law Research Paper No. 24/2015

49 Pages Posted: 29 Apr 2015 Last revised: 15 Jun 2018

See all articles by Brian Sloan

Brian Sloan

University of Cambridge - Robinson College, Cambridge; University of Cambridge - Faculty of Law

Date Written: April 28, 2015

Abstract

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

Sloan, Brian, Adult Social Care and Property Rights (April 28, 2015). (2016) 36 Oxford Journal of Legal Studies 428, University of Cambridge Faculty of Law Research Paper No. 24/2015, Available at SSRN: https://ssrn.com/abstract=2600043 or http://dx.doi.org/10.2139/ssrn.2600043

Brian Sloan (Contact Author)

University of Cambridge - Robinson College, Cambridge ( email )

Grange Road
Cambridge, CB3 9AN
United Kingdom

HOME PAGE: http://www.robinson.cam.ac.uk/fellows/brian-sloan

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/bd-sloan/409

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