Reinforcing guardianship regimes through assisted decision-making : a Scottish perspective


Autoria(s): Then, Shih-Ning; Patrick, Hilary; Smith, Nicola
Data(s)

2014

Resumo

Guardianship laws which provide legal mechanisms for decision-making on behalf of adults with limited or impaired capacity to make decisions have become a feature of most Western jurisdictions. In the UK, the Adults with Incapacity (Scotland) Act 2000 and the English and Welsh Mental Capacity Act 2005 have established a comprehensive framework for authorising medical, financial and welfare decisions to be taken on behalf of adults who are unable to take any or all such decisions themselves. One feature of guardianship regimes has been their tendency to evolve over time. Legal reforms have been instigated by the changes in philosophical views about how society should engage with adults with a decision-making impairment and also modern views about the role human rights play in guardianships regimes. The latest ideas in guardianship regimes around the Western world centre on the possibility of legal recognition of the concept of assisted decision-making...

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/79275/

Publicador

Thomson Reuters

Relação

http://eprints.qut.edu.au/79275/3/79275.pdf

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=475&productid=7122

Then, Shih-Ning, Patrick, Hilary, & Smith, Nicola (2014) Reinforcing guardianship regimes through assisted decision-making : a Scottish perspective. The Juridical Review, 2014(4), pp. 263-279.

Direitos

Copyright 2014 Thomson Reuters

Fonte

Faculty of Law; Australian Centre for Health Law Research; School of Law

Palavras-Chave #180114 Human Rights Law #189999 Law and Legal Studies not elsewhere classified #Supported decision-making #Human rights #Scotland #Assisted decision-making #Guardianship
Tipo

Journal Article