Capacity Assessment and the Law: Problems and Solutions

Mental Health Law

Capacity Assessment and the Law: Problems and Solutions

By Kelly Purser
Springer-Verlag May 2017

Specifications

ISBN-13
9783319543451
Publisher
Springer-Verlag
Publication
May 2017
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book explores how legal and medical practitioners can best assess financial and health capacity of patients. 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 book offers assistance to practitioners involved in capacity assessments. It discusses the issues, standards, and professional considerations arising when undertaking legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. It examines what triggers to assess capacity practitioners should know; a suggested paradigm for capacity assessment; and when, as well as who, to involve in the assessment process. It explores the relationship between legal and medical professionals, as well as a comparative investigation of the main capacity assessment guidelines and principles internationally.

Table of Contents

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.
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