In advising clients on the resolution of finances on divorce, one question which occurs from time to time is how the law deals with any assets which have been acquired by one (or even both) of the parties since the date on which they separated or have risen in value since that date..
Our Health and Community Care team are often asked about care records and how these can be used in relation to continuing healthcare assessments. These are just some of the questions we are asked where at least part of the answer is “… it depends what the care records show”
The process is relatively straightforward and governed by the Data Protection Act 1998. Any request you make to an organisation for personal information they keep about you is called a Subject Access Request (SAR).
We can’t help but have noticed that an increasing number of Clinical Commissioning Groups are not sending out full information when writing to people about whether they are eligible for NHS continuing healthcare.
There have been a number of cases recently where the Office of the Public Guardian has applied to the Court to challenge provisions that individuals have put in their Lasting Powers of Attorney. The judgments provide interesting and thought-provoking interpretations of the law, set out in the Mental Capacity Act 2005 that governs Lasting Powers of Attorney. It highlights to us that the law regarding LPA’s is still being refined and developed.
The Care Quality Commission (CQC) will be amending their ‘key lines of enquiry’ this November. These are specific questions that form the basis of the CQC’s inspection. Some questions have been reworded following the CQC’s consultation or have been amended so that they are aligned with the questions posed to health services.
When a relationship breaks down, the parties will have to try to make satisfactory arrangements concerning many issues but none more important than those for their children. Discussions on this issue can be fraught with difficulty and differences of opinion as to what is in the best interests of the children. Nothing however is likely to produce greater tension than if one of the parties alleges that she has been subject to domestic abuse from her former partner (it is statistically far more likely to be “she” than “he”, although men are, of course, also victims).