Capacity Assessment and the Law

Problems and Solutions

Kelly Purser (Autor)

Buch | Hardcover

XIII, 194 Seiten

2017 | 1st ed. 2017
Springer International Publishing (Verlag)
978-3-319-54345-1 (ISBN)

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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.

The Challenges Presented by the Assessment of Legal Capacity.- Therapeutic Jurisprudence.- Legal Capacity.- Testamentary Capacity.- Substitute Decision-Making.- Capacity Assessment - An International Problem.- Some Proposed Suggestions.

Erscheinungsdatum	17.06.2017
Zusatzinfo	XIII, 194 p.
Verlagsort	Cham
Sprache	englisch
Maße	155 x 235 mm
Gewicht	479 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Schlagworte	Capacity assessment • comparative law • Competency • geriatric medicine • Geriatrics/Gerontology • Health Economics • International Law • Law • Law and Criminology • Medical & healthcare law • Medical & healthcare law • medical law • Private International Law, International & Foreign • Private International Law, International & Foreign • Substitute decision-making • Supported decision-making • Wills
ISBN-10	3-319-54345-8 / 3319543458
ISBN-13	978-3-319-54345-1 / 9783319543451
Zustand	Neuware