Protecting the property of the mentally ill: The judicial solution in nineteenth century lunacy law

Abstract

The modern legal framework for the protection of the mentally ill was conceived and developed in the nineteenth century. A substantial growth in the numbers of the mentally ill revealed an absence of effective and accessible legal protection for the property of patients with small estates. This challenge was met through the retention and reform of the ancient jurisdiction of the Lord Chancellor in the Lunacy Court as the sole instrument of protection. The judicial solution was adopted in preference to bureaucratic regulation, despite the strong forces of state intervention and the reform of the legal system and its processes. © 2012, Cambridge Law Journal and Contributors. All rights reserved.