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Government policy for vulnerable people has long been to encourage as many people as possible out of care homes and into supported accommodation. This article seeks to explore some of the unforeseen legal difficulties arising out of this trend. Two have already become very apparent: first, where the question of ordinary residence arises, with regard to which authority is liable for the purchase of the additional domiciliary care, and second, for residents who may be thought to lack capacity to make a contract for the tenancy which underpins the whole arrangement. The article begins by describing two quite different arrangements for providing accommodation and support.
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© Emerald Group Publishing Limited
2004
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