Overview
- Suggests best practice guidelines for assessing capacity to assist with assessments
- Outlines the guiding principles to help legal and medical practitioners assess capacity
- Comparison of international models of capacity assessment for ease of reference
- Discussion of problems commonly faced in assessments to help avoid them?
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Table of contents (7 chapters)
Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Capacity Assessment and the Law
Book Subtitle: Problems and Solutions
Authors: Kelly Purser
DOI: https://doi.org/10.1007/978-3-319-54347-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-54345-1Published: 29 May 2017
Softcover ISBN: 978-3-319-85374-1Published: 02 August 2018
eBook ISBN: 978-3-319-54347-5Published: 22 May 2017
Edition Number: 1
Number of Pages: XIII, 194
Topics: Private International Law, International & Foreign Law, Comparative Law , Geriatrics/Gerontology, Health Economics, Medical Law