Reinforcing guardianship regimes through assisted decision-making : a Scottish perspective

Then, Shih-Ning, Patrick, Hilary, & Smith, Nicola (2014) Reinforcing guardianship regimes through assisted decision-making : a Scottish perspective. The Juridical Review, 2014(4), pp. 263-279.

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Guardianship laws which provide legal mechanisms for decision-making on behalf of adults with limited or impaired capacity to make decisions have become a feature of most Western jurisdictions. In the UK, the Adults with Incapacity (Scotland) Act 2000 and the English and Welsh Mental Capacity Act 2005 have established a comprehensive framework for authorising medical, financial and welfare decisions to be taken on behalf of adults who are unable to take any or all such decisions themselves.

One feature of guardianship regimes has been their tendency to evolve over time. Legal reforms have been instigated by the changes in philosophical views about how society should engage with adults with a decision-making impairment and also modern views about the role human rights play in guardianships regimes. The latest ideas in guardianship regimes around the Western world centre on the possibility of legal recognition of the concept of assisted decision-making...

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ID Code: 79275
Item Type: Journal Article
Refereed: Yes
Keywords: Supported decision-making, Human rights, Scotland, Assisted decision-making, Guardianship
ISSN: 0022-6785
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > OTHER LAW AND LEGAL STUDIES (189900) > Law and Legal Studies not elsewhere classified (189999)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2014 Thomson Reuters
Deposited On: 23 Jan 2015 01:31
Last Modified: 10 Jul 2017 09:30

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