The Adult Guardianship Experiment

DOWNLOAD
AUDIOBOOK
READ ONLINE

Download The Adult Guardianship Experiment PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Adult Guardianship Experiment book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page

The Adult Guardianship Experiment

DOWNLOAD
AUDIOBOOK
READ ONLINE
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.

Rethinking Rights Based Mental Health Laws

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Bernadette McSherry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-08-16

Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.

Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.

Reimagining The Court Of Protection

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Jaime Lindsey
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-15

Reimagining The Court Of Protection written by Jaime Lindsey 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 2022-09-15 with Law categories.

Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.

Special Needs Financial Planning

DOWNLOAD
AUDIOBOOK
READ ONLINE
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.

Critical Perspectives On Coercive Interventions

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Claire Spivakovsky
language : en
Publisher: Routledge
Release Date : 2018-05-11

Critical Perspectives On Coercive Interventions written by Claire Spivakovsky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-11 with Law categories.

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

Human Experimentation And Research

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : George F. Tomossy
language : en
Publisher: Routledge
Release Date : 2017-07-12

Human Experimentation And Research written by George F. Tomossy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Medical categories.

This title was first published in 2003: As new medical technologies and treatments develop with increasing momentum, the legal and ethical implications of research involving human participants are being called into question as never before. Human Experimentation and Research explores the philosophical foundations of research ethics, ongoing regulatory dilemmas, and future challenges raised by the rapid globalisation and corporatisation of the research endeavour. This volume brings together some of the most significant published essays in the field. The editors also provide an informative introduction, summarizing the area and the relevance of the articles chosen.

Autonomy And Human Rights In Health Care

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : David N. Weisstub
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-12-20

Autonomy And Human Rights In Health Care written by David N. Weisstub and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-20 with Philosophy categories.

This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.

Confidentiality In The Guardianship System

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Queensland. Law Reform Commission
language : en
Publisher:
Release Date : 2006

Confidentiality In The Guardianship System written by Queensland. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

Beyond Elder Law

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Israel Doron
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-30

Beyond Elder Law written by Israel Doron and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-30 with Law categories.

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.

Healthcare Decision Making And The Law

DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Mary Donnelly
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-18

Healthcare Decision Making And The Law written by Mary Donnelly 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 2010-11-18 with Law categories.

This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.