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Title: A therapeutic approach to assessing legal capacity in Australia
Contributor(s): Purser, Kelly (author); Magner, Eilis (author); Madison, Jeanne  (author)
Publication Date: 2015
DOI: 10.1016/j.ijlp.2015.01.003
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Abstract: Australia lacks a satisfactory, national paradigm for assessing legal capacity in the context of testamentary, enduring power of attorney and advance care directive documents. Capacity assessments are currently conducted on an ad hoc basis by legal and/or medical professionals. The reliability of the assessment process is subject to the skill set and mutual understanding of the legal and/or medical professional conducting the assessment. There is a growth in the prevalence of diseases such as dementia. Such diseases impact upon cognition which increasingly necessitates collaboration between the legal and medical professions when assessing the effect of mentally disabling conditions upon legal capacity. Miscommunication and lack of understanding between legal and medical professionals involved could impede the development of a satisfactory paradigm. This article will discuss legal capacity assessment in Australia and how to strengthen the relationship between legal and medical professionals involved in capacity assessments. The development of a national paradigm would promote consistency and transparency of process, helping to improve the professional relationship and maximising the principles of autonomy, participation and dignity.
Publication Type: Journal Article
Source of Publication: International Journal of Law and Psychiatry, v.38, p. 18-28
Publisher: Elsevier Ltd
Place of Publication: United Kingdom
ISSN: 1873-6386
Fields of Research (FoR) 2008: 111708 Health and Community Services
111099 Nursing not elsewhere classified
Fields of Research (FoR) 2020: 420305 Health and community services
420599 Nursing not elsewhere classified
Socio-Economic Objective (SEO) 2008: 920210 Nursing
Socio-Economic Objective (SEO) 2020: 200307 Nursing
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article

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