Incapacity and Access to Family Justice

Author: Mavis Maclean
Publisher: Hart Publishing
ISBN: 9781509983421
Published In: August 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community.

The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person.

Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland?

An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Part One: Introduction and Existing Legal Frameworks for Incapacity

1. Introduction

2. The Role of the Official Solicitors Office and Court of Protection, and the Need for a Nonfamily View in Disputes

3. Current Legal Frameworks in Europe: The FLEUR Project

4. Children with Parents who Lack Capacity

Part Two: New Legislation for Vulnerable People

5. Protecting Whose Interests? Exploring the Operation of the Guardianship and Administration Act 2019

6. The Transitional Legal Situation in Aragon with respect to the Rights of Persons with Disabilities: the Aragonese Law 5/2019 and the new Spanish State Law 8/2021

7. Bulgarian Legal Capacity Reforms: Ignorance, Neglect, Compromise and Fear

8. Childhood and Legal Capacity: the Right to Participate in Process

Part Three: Ideologies and Delivery of the Legal Framework for Incapacity

9. The Judge, the Guardian and the Family: Who is in Charge of Vulnerable People in France?

10. Looking at People without Legal Capacity in Turkey: From Law to Practice

11. The Role of the Family

12. The Impossible Job of the Guardian and the Urgent Need for Legal Reform

13. Emergency Legal Capacity for Ukrainian Refugees arriving in Warsaw in 2022 and the Existing Requirements in Polish Law

14. Concluding Observations and Questions Arising