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Author :
Release : 2006
Genre : Capacity and disability
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario by :
Download or read book A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario written by . This book was released on 2006. Available in PDF, EPUB and Kindle. Book excerpt:
Author : British Columbia Law Institute
Release : 2006-11-01
Genre : Capacity and disability
Kind : eBook
Book Rating : 379/5 ( reviews)
Book Synopsis A Comparative Analysis of Adult Guardianship Laws in B.C., New Zealand and Ontario by : British Columbia Law Institute
Download or read book A Comparative Analysis of Adult Guardianship Laws in B.C., New Zealand and Ontario written by British Columbia Law Institute. This book was released on 2006-11-01. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Canadian Centre for Elder Law
Release : 2009
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario by : Canadian Centre for Elder Law
Download or read book A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario written by Canadian Centre for Elder Law. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt: An adult guardian is somebody who is appointed to make decisions for an adult who is not capable of doing so. Individuals might need an adult guardian if they suffer from conditions such as a mental illness or handicap, a degenerative disease, or a head injury. This appointed individual is called a “committee.” The laws governing adult guardianship vary in different jurisdictions. This study paper provides a comparative analysis of the legislative schemes in BC and other jurisdictions, notably New Zealand and Ontario, and considers key issues that are essential for meaningful reform. Some regimes are more paternalistic, emphasizing protection of the vulnerable adult, while others focus more on individual rights and seeking to promote autonomy. The regime in BC, specifically the Patients Property Act, has been criticized for being outmoded and paternalistic. This study paper was written in light of the BC government's announcement of its intention to modernize its guardianship laws.
Author : Camillia Kong
Release : 2023-05-31
Genre : Law
Kind : eBook
Book Rating : 470/5 ( reviews)
Book Synopsis Capacity, Participation and Values in Comparative Legal Perspective by : Camillia Kong
Download or read book Capacity, Participation and Values in Comparative Legal Perspective written by Camillia Kong. This book was released on 2023-05-31. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Author : Julia Honds
Release : 2007-12-18
Genre : Law
Kind : eBook
Book Rating : 902/5 ( reviews)
Book Synopsis The family group conference as a means of decision-making in matters of adult guardianship by : Julia Honds
Download or read book The family group conference as a means of decision-making in matters of adult guardianship written by Julia Honds. This book was released on 2007-12-18. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington, language: English, abstract: This essay considers the question whether the family group conference should be introduced as a new and additional means of decision-making in New Zealand’s adult guardianship law. Currently the Family Law knows the family group conference only in another context: When there are special problems with children the Children, Young Persons and Their Families Act 1989 gives the family as a group the authority to make decisions con-cerning the child. The question is whether this procedure is also suitable for decision-making on the affairs of adult family members who are not capable of leading their lives autonomously and cannot make their own deci-sions, for example because they suffer from mental disease or an intellectual handicap. After providing an overview of the current adult guardianship law, its principles and shortcomings, the family group conference will be presented and discussed as it works under the Children, Young Persons, and Their Families Act 1989. The main part of this research paper, then, deals with the advantages and disadvantages of the family group model being introduced for matters of adult guardianship. It will be considered whether this decision-making model can cope with the shortcomings of the current system and whether it serves the guiding principles of adult guardianship law. Although family group conferences do not always work without problems, this essay recommends their introduction also for adults. The inclusion of the wider family in the decision-making process has many benefits for the concerned person, especially in terms of his or her best interest being realised. Besides, the family group model fits well into the current regime, serves its guiding principles, and is able to remedy the current system’s shortcomings. Hence, the decision by the family group is of additional value when dealing with the affairs of adults who are not able to make “healthy” decisions for themselves, and should therefore be introduced as an additional means of decision-making.
