Supported Decision-Making

Supported Decision-Making
Author: Karrie A. Shogren
Publisher: Cambridge University Press
Total Pages: 323
Release: 2019
Genre: Law
ISBN: 1108475647

Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

The UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities
Author: Ilias Bantekas
Publisher: Oxford University Press
Total Pages: 1377
Release: 2018-10-25
Genre: Law
ISBN: 0192538683

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

Comparative Perspectives on Adult Guardianship

Comparative Perspectives on Adult Guardianship
Author: A. Kimberley Dayton
Publisher:
Total Pages: 0
Release: 2014
Genre: Capacity and disability
ISBN: 9781611631821

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.

Capacity Toolkit

Capacity Toolkit
Author:
Publisher:
Total Pages: 174
Release: 2020
Genre: Capacity and disability
ISBN: 9781922257802

"... Aims to assist people in correctly identifying whether an individual has the capacity to make their own decisions."--P. 6.

Mental Capacity Act 2005 code of practice

Mental Capacity Act 2005 code of practice
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
Total Pages: 468
Release: 2007-08-16
Genre: Law
ISBN: 9780117037564

The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.

Mental Health and Human Rights

Mental Health and Human Rights
Author: Michael Dudley
Publisher: Oxford University Press (UK)
Total Pages: 733
Release: 2012-06-21
Genre: Law
ISBN: 0199213968

People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.

The Human Rights of Older Persons

The Human Rights of Older Persons
Author: Bridget Lewis
Publisher: Springer Nature
Total Pages: 346
Release: 2020-08-07
Genre: Law
ISBN: 9811567352

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

Capacity and the Law

Capacity and the Law
Author: Nicholas K. F. O'Neill
Publisher:
Total Pages:
Release: 2012
Genre: Capacity and disability
ISBN: 9781743320082

Coercive Care

Coercive Care
Author: Bernadette Mcsherry
Publisher: Routledge
Total Pages: 367
Release: 2013-06-26
Genre: Law
ISBN: 1135016577

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.