Adults who lack capacity : substitute decision-making

White, Benjamin P., Willmott, Lindy, & Then, Shih-Ning (2010) Adults who lack capacity : substitute decision-making. In White, Benjamin P., McDonald, Fiona, & Willmott, Lindy (Eds.) Health Law in Australia. Thomson Reuters Australia, Sydney, pp. 149-207.

[img] Submitted Version (PDF 412kB)
Administrators only | Request a copy from author


• Mechanisms to facilitate consent to healthcare for adults who lack capacity are necessary to ensure that these adults can lawfully receive appropriate medical treatment when needed. • In Australia, the common law plays only a limited role in this context, through its recognition of advance directives and through the parens patriae jurisdiction of superior courts. • Substitute decision-making for adults who lack capacity is facilitated primarily by guardianship and other related legislation. This legislation, which has been enacted in all Australian States and Territories, permits a range of decision-makers to make different types of healthcare decisions.
• Substitute decision-makers can be appointed by the adult or by a guardianship or other tribunal. Where there is no appointed decision-maker, legislation generally empowers those close to the adult to make the relevant decision. Most Australian jurisdictions have also provided for statutory advance directives. • For the most serious of decisions, such as non-therapeutic sterilisations, consent can only be provided by a Tribunal. Other decisions can generally be made by a range of substitute decision-makers. Some treatment, such as very minor treatment or that which is needed in an emergency, can be provided without consent. • Guardianship legislation generally establishes a set of principles and/or other criteria to guide healthcare decisions. Mechanisms to resolve disputes as to who is the appropriate decision-maker and how a decision should be made have also been established.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

ID Code: 33685
Item Type: Book Chapter
Additional URLs:
Keywords: Health law, Medical law, Adult guardianship, Substitute decision-making, Impaired decision-making capacity
ISBN: 9780455226798
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Thomson Reuters Australia
Deposited On: 03 Aug 2010 21:42
Last Modified: 10 Oct 2015 14:13

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page