A therapeutic approach to assessing legal capacity in Australia

Author(s)
Purser, Kelly
Magner, Eilis
Madison, Jeanne
Publication Date
2015
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.
Citation
International Journal of Law and Psychiatry, v.38, p. 18-28
ISSN
1873-6386
0160-2527
Link
Language
en
Publisher
Elsevier Ltd
Title
A therapeutic approach to assessing legal capacity in Australia
Type of document
Journal Article
Entity Type
Publication

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