Capacity Assessment and the Law: Problems and Solutions - Rilegato

Purser, Kelly

Rilegato

ISBN 10: 3319543458 ISBN 13: 9783319543451

Casa editrice: Springer Nature, 2017

Riassunto

This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.

Su questo libro

Informazioni sull'autore

Bridget Lewis is a Senior Lecturer in the Law School at the Queensland University of Technology, Brisbane, Australia, and a member of the Planning for Healthy Ageing research group at the Australian Centre for Health Law Research. She has published widely on a range of human rights issues, particularly the application of international human rights law to contemporary issues such as climate change and natural disasters, with a focus on the rights of vulnerable groups. Kelly Purser is a Senior Lecturer in the Law School at the Queensland University of Technology, Brisbane, Australia, and a co-lead of the Planning for Healthy Ageing research group at the Australian Centre for Health Law Research. Her research focuses on the challenges presented by capacity assessment and the ageing population. Kirsty Mackie is a nationally recognised elder law practitioner with a strong interest in elder abuse, advocacy, and law reform. She works in the Legal Placement Unit at the University of the Sunshine Coast and is also a Guest Lecturer at the Queensland University of Technology on elder abuse. She has appeared as an expert on national television to discuss elder law issues.

Dalla quarta di copertina

This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.

Dettagli dell'edizione

• Editore: Springer Nature
• Data di pubblicazione: 2017
• Lingua: Inglese
• ISBN 10: 3319543458
• ISBN 13: 9783319543451
• Rilegatura: Copertina rigida
• Numero edizione: 1
• Numero di pagine: 194
• Contatto del produttore: Springer Nature Customer Service Center GmbH; ProductSafety@springernature.com; ; Europaplatz 3; Heidelberg; 69115; Germania