Capacity and the Law

Capacity and the Law PDF Author: Nicholas K. F. O'Neill
Publisher:
ISBN: 9781743320082
Category : Capacity and disability
Languages : en
Pages : 0

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Book Description

Capacity and the Law

Capacity and the Law PDF Author: Nicholas K. F. O'Neill
Publisher:
ISBN: 9781743320082
Category : Capacity and disability
Languages : en
Pages : 0

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Book Description


Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human Rights PDF Author: Michael Ashley Stein
Publisher: Cambridge University Press
ISBN: 1108838855
Category : Law
Languages : en
Pages : 451

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Book Description
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

The Spaces of Mental Capacity Law

The Spaces of Mental Capacity Law PDF Author: Beverley Clough
Publisher: Routledge
ISBN: 1000463834
Category : Law
Languages : en
Pages : 168

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Book Description
This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Capacity and Undue Influence

Capacity and Undue Influence PDF Author: John E.S. Poyser
Publisher:
ISBN: 9780779889181
Category :
Languages : en
Pages :

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Book Description


Mental Capacity Law in New Zealand

Mental Capacity Law in New Zealand PDF Author: Iris Reuvecamp
Publisher:
ISBN: 9781988591094
Category : Capacity and disability
Languages : en
Pages : 425

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Book Description
Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings. General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).

Mental Health and Mental Capacity Law for Social Workers

Mental Health and Mental Capacity Law for Social Workers PDF Author: Simon Godefroy
Publisher: Learning Matters
ISBN: 1473934125
Category : Social Science
Languages : en
Pages : 346

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Book Description
Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn′t exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.

Legal Capacity & Gender

Legal Capacity & Gender PDF Author: Anna Arstein-Kerslake
Publisher: Springer
ISBN: 9783030634957
Category : Law
Languages : en
Pages : 153

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Book Description
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Global Perspectives on Legal Capacity Reform

Global Perspectives on Legal Capacity Reform PDF Author: Eilionóir Flynn
Publisher: Routledge
ISBN: 1351579703
Category : Law
Languages : en
Pages : 290

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Book Description
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

Assessment of Older Adults with Diminished Capacity

Assessment of Older Adults with Diminished Capacity PDF Author:
Publisher: American Bar Association
ISBN:
Category : Psychology
Languages : en
Pages : 152

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Book Description


Assessment of Mental Capacity

Assessment of Mental Capacity PDF Author: British Medical Association
Publisher: John Wiley & Sons
ISBN: 0470757302
Category : Medical
Languages : en
Pages : 236

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Book Description
This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.