Mental Capacity
Powers of Attorney and Advance Health Directives
By: Berna Collier, Chris Coyne, Karen Sullivan
About This Book
When is a person in a fit state to execute an enduring power of attorney or an advance health directive? The complex mix of legal, medical and ethical issues continue to provide difficult, practical issues for individuals, their professional advisers, their families, and the courts and tribunals. This cross-disciplinary book analyses the law and the medical and psychological perspectives and includes case studies to highlight problems and suggest ways of resolution.Mental Capacity: Provides an overview of the framework of law within Australia. Focuses on the law as it currently stands in relation to assessing mental capacity, including a consideration of the interaction between legal and medical standards. Analyses the importance and difficulties of defining and judging capacity in the medical context. Examines best practice in relation to health based competency assessments. Looks at the role of the neuropsychologist in determining the extent and characteristics of cognitive impairment.
AI Overview
The book "Mental Capacity: Powers of Attorney and Advance Health Directives" by Berna Collier, Chris Coyne, and Karen Sullivan is a comprehensive legal and interdisciplinary analysis of the concept of mental capacity in the context of executing enduring powers of attorney and advance health directives. Here is a detailed overview of the book:
Key Themes
- Mental Capacity: The book delves into the legal and medical aspects of determining a person's mental capacity, which is crucial for making decisions about their financial and healthcare affairs.
- Powers of Attorney: It examines the process and requirements for executing enduring powers of attorney, including the legal frameworks and ethical considerations.
- Advance Health Directives: The book provides an in-depth analysis of advance health directives, including living wills and other forms of advance care planning.
- Cross-Disciplinary Approach: The authors take a cross-disciplinary approach, combining legal, medical, and ethical perspectives to provide a holistic understanding of mental capacity and its implications.
Plot Summary
The book does not have a narrative plot but rather a structured analysis of the legal and medical concepts related to mental capacity. It covers topics such as:
- The legal definitions and tests for determining mental capacity.
- The role of medical professionals in assessing mental capacity.
- The ethical considerations in making decisions on behalf of individuals who lack mental capacity.
- The practical steps involved in executing powers of attorney and advance health directives.
- Case studies and examples to illustrate the application of these concepts in real-world scenarios.
Critical Reception
While specific reviews are not provided in the search results, the book's comprehensive nature and interdisciplinary approach suggest that it would be well-received by legal professionals, medical practitioners, and ethicists. The book's focus on a critical area of law and medical practice indicates that it would be a valuable resource for those dealing with issues of mental capacity and advance care planning.
Publication Details
- Authors: Berna Collier, Chris Coyne, Karen Sullivan
- Publisher: Federation Press
- Publication Date: April 2005
- Edition: Hardcover
- ISBN: 1862874263
The book is part of the Australian Legal Series and has been recognized as a significant contribution to the field of mental capacity law and advance care planning.