Comparative Perspectives On Adult Guardianship
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Comparative Perspectives On Adult Guardianship
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Author : A. Kimberley Dayton
language : en
Publisher:
Release Date : 2014
Comparative Perspectives On Adult Guardianship written by A. Kimberley Dayton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Capacity and disability categories.
This book comprises a compilation of chapter-essays from some of the world's leading authorities on adult guardianship law. The essays cover a wide range of topics from both theoretical and practical perspectives. Part I of the book introduces some of the basic concepts that transcend the national guardianship system, approaching these concepts from a comparative perspective. Part II's essays provide comprehensive information on guardianship systems around the world. Essays in Part III outline an ambitious agenda for reforming adult guardianship regimes. The book is a must read for those concerned with the role of national and international law in defining and expanding the rights of older persons and persons with disabilities who are at risk of being placed under guardianship due to cognitive or other disabilities.
Lgbt Issues And Adult Guardianship
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Author : Nancy J. Knauer
language : en
Publisher:
Release Date : 2021
Lgbt Issues And Adult Guardianship written by Nancy J. Knauer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Guardianship reform has largely overlooked issues related to sexual orientation and gender identity. Lesbian, gay, bisexual, and transgender (LGBT) individuals, however, present a distinct set of needs and concerns due to certain unique demographic characteristics, the evolving nature of LGBT civil rights, and the stubborn persistence of anti-LGBT bias and prejudice. This chapter explores these LGBT-specific concerns from a comparative perspective and identifies the various ways that seemingly neutral guardianship laws can work to silence LGBT identities and place LGBT families at risk. It concludes that guardianship systems should incorporate safeguards that expressly acknowledge the importance of sexual orientation and gender identity. Respect for a ward's sexual orientation and gender identity is essential to the concepts of dignity and self-determination that have served as the guiding principles of guardianship reform. In the absence of appropriate safeguards, even guardianship reform driven by a “person-centered philosophy” will ultimately fall short and fail to protect the interests of LGBT individuals and LGBT families.
Special Needs Financial Planning
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Author : Lusina Ho
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-04
Special Needs Financial Planning written by Lusina Ho and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-04 with Law categories.
First comparative study of major special needs financial planning mechanisms, namely guardianship, enduring/lasting powers of attorney, and special needs trusts.
A Comparative Analysis Of Adult Guardianship Laws In Bc New Zealand And Ontario
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Author :
language : en
Publisher:
Release Date : 2006
A Comparative Analysis Of Adult Guardianship Laws In Bc New Zealand And Ontario written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Capacity and disability categories.
A Comparative Analysis Of Adult Guardianship Laws In B C New Zealand And Ontario
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Author : British Columbia Law Institute
language : en
Publisher:
Release Date : 2006-11-01
A Comparative Analysis Of Adult Guardianship Laws In B C New Zealand And Ontario written by British Columbia Law Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-01 with Capacity and disability categories.
The Family Group Conference As A Means Of Decision Making In Matters Of Adult Guardianship
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Author : Julia Honds
language : en
Publisher: GRIN Verlag
Release Date : 2007-12-18
The Family Group Conference As A Means Of Decision Making In Matters Of Adult Guardianship written by Julia Honds and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington, language: English, abstract: This essay considers the question whether the family group conference should be introduced as a new and additional means of decision-making in New Zealand’s adult guardianship law. Currently the Family Law knows the family group conference only in another context: When there are special problems with children the Children, Young Persons and Their Families Act 1989 gives the family as a group the authority to make decisions con-cerning the child. The question is whether this procedure is also suitable for decision-making on the affairs of adult family members who are not capable of leading their lives autonomously and cannot make their own deci-sions, for example because they suffer from mental disease or an intellectual handicap. After providing an overview of the current adult guardianship law, its principles and shortcomings, the family group conference will be presented and discussed as it works under the Children, Young Persons, and Their Families Act 1989. The main part of this research paper, then, deals with the advantages and disadvantages of the family group model being introduced for matters of adult guardianship. It will be considered whether this decision-making model can cope with the shortcomings of the current system and whether it serves the guiding principles of adult guardianship law. Although family group conferences do not always work without problems, this essay recommends their introduction also for adults. The inclusion of the wider family in the decision-making process has many benefits for the concerned person, especially in terms of his or her best interest being realised. Besides, the family group model fits well into the current regime, serves its guiding principles, and is able to remedy the current system’s shortcomings. Hence, the decision by the family group is of additional value when dealing with the affairs of adults who are not able to make “healthy” decisions for themselves, and should therefore be introduced as an additional means of decision-making.
The Adult Guardianship Experiment
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Author : Terry Carney
language : en
Publisher: Federation Press
Release Date : 1997
The Adult Guardianship Experiment written by Terry Carney and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.
Adult Guardianship Law For The 21st Century
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Author : Makoto Arai
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2013
Adult Guardianship Law For The 21st Century written by Makoto Arai and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Capacity and disability categories.
The book documents the proceedings and results of the First World Congress on Adult Guardianship Law held in Yokohama, Japan, in 2010. Readers can find articles of distinguished academics and professionals from many jurisdictions. Contributions range from learned articles to policy statements on law reform, from a comparative analysis of adult guardianship law to a discussion of the legal and legislative problems within a specific jurisdiction, and they cover issues of domestic as well as international law. It contains also the Yokohama Declaration, which is the first international declaration on law reform in the field of adult guardianship law.
Capacity Participation And Values In Comparative Legal Perspective
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Author : Camillia Kong
language : en
Publisher: Policy Press
Release Date : 2023-05-31
Capacity Participation And Values In Comparative Legal Perspective written by Camillia Kong and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-31 with Law categories.
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
A Comparative Analysis Of Adult Guardianship Laws In Bc New Zealand And Ontario
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Author : Canadian Centre for Elder Law
language : en
Publisher:
Release Date : 2009
A Comparative Analysis Of Adult Guardianship Laws In Bc New Zealand And Ontario written by Canadian Centre for Elder Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
An adult guardian is somebody who is appointed to make decisions for an adult who is not capable of doing so. Individuals might need an adult guardian if they suffer from conditions such as a mental illness or handicap, a degenerative disease, or a head injury. This appointed individual is called a “committee.” The laws governing adult guardianship vary in different jurisdictions. This study paper provides a comparative analysis of the legislative schemes in BC and other jurisdictions, notably New Zealand and Ontario, and considers key issues that are essential for meaningful reform. Some regimes are more paternalistic, emphasizing protection of the vulnerable adult, while others focus more on individual rights and seeking to promote autonomy. The regime in BC, specifically the Patients Property Act, has been criticized for being outmoded and paternalistic. This study paper was written in light of the BC government's announcement of its intention to modernize its guardianship laws.