Evaluation of legal capacity by doctors and lawyers : the need for collaborative assessment

Purser, Kelly & Rosenfeld, Tuly (2014) Evaluation of legal capacity by doctors and lawyers : the need for collaborative assessment. Medical Journal of Australia, 201(8), pp. 483-485.

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Abstract

• Balancing the interests of individual autonomy and protection is an escalating challenge confronting an ageing Australian society.

• One way this is manifested is in the current ad hoc and unsatisfactory way that capacity is assessed in the context of wills, enduring powers of attorney and advance health directives.

• The absence of nationally accepted assessment guidelines results in terminological and methodological miscommunication and misunderstanding between legal and medical professionals.

• Expectations between legal and medical professionals can be clarified to provide satisfactory capacity assessments based upon the development of a sound assessment paradigm

Impact and interest:

2 citations in Scopus
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3 citations in Web of Science®

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ID Code: 77882
Item Type: Journal Article
Refereed: Yes
Keywords: Capacity assessment, Wills, Powers of attorney, Advance health directives, Relationship between lawyers and doctors
DOI: 10.5694/mja13.11191
ISSN: 1326-5377
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
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 2014 Australasian Medical Publishing Company
Deposited On: 20 Oct 2014 23:35
Last Modified: 13 May 2015 04:14

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