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.
* 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; and
* looks at the role of the neuropsychologist in determining the extent and characteristics of cognitive impairment.
Table of Contents
CHAPTER 1: An Overview of the Relevant Legal Principles - Berna Collier and Chris Coyne
CHAPTER 2: Legal Requirements and Current Practices - Jim Cockerill, Berna Collier, Kay Maxwell
CHAPTER 3: Mental Capacity in Medical Practice and Advance Care Planning: Clinical, Ethical and Legal Issues - Malcolm Parker and Colleen Cartwright
CHAPTER 4: Measuring Mental Capacity: Models, Methods and Tests - Karen Sullivan
CHAPTER 5: Capacity Assessment for Making an Advance Health Directive: The Role of a Neuropsychologist - Margaret Ambrose
"This is a useful little book which contains material not easily found elsewhere.... [It] notes that at present there are no standard set of tests for mental capacity. However, it discusses the various tests used by psychologists and discusses the philosophic concepts involved in making the assessment. The few Australian cases are discussed.... The book fills a niche in the market and should be useful to all those who have to deal with questions of when a person is capable of making serious decisions."
-- Australian Law Journal, Vol 79, November 2005
About the Editors:
Berna Collier is currently a commissioner of the Australian Securities and Investments Commission, to which she was appointed on November 5, 2001. Prior to this date, she was Clayton Utz Professor of Commercial Law at Queensland University of Technology (QUT), where she continues to hold the chair. Between 1997 and 2001, she was a consultant with Clayton Utz lawyers and co-director of the Centre for Commercial and Property Law at QUT.
Professor Collier has written widely on aspects of insolvency and commercial law and medico-legal practice. From 1999 to 2000, she chaired the Federal Government Taskforce on Industry Self-Regulation, and in 2004, she was a member of the Federal Government Consumer and Financial Literacy Taskforce. Professor Collier was a director of the Australian Prudential Regulation Authority from November 2001 until June 2003.
Partner, Clayton Utz
Karen Sullivan is a Senior Lecturer at the School of Psychology and Counselling at Queensland University of Technology. She earned her PhD in Clinical Neuropsychology at the University of Melbourne in Australia.