An international comparison of legal frameworks for supported and substitute decision-making in mental health services

International Journal of Law and Psychiatry
Gavin DavidsonAnn-Marie O'Brien

Abstract

There have been important recent developments in law, research, policy and practice relating to supporting people with decision-making impairments, in particular when a person's wishes and preferences are unclear or inaccessible. A driver in this respect is the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the implications of the CRPD for policy and professional practices are currently debated. This article reviews and compares four legal frameworks for supported and substitute decision-making for people whose decision-making ability is impaired. In particular, it explores how these frameworks may apply to people with mental health problems. The four jurisdictions are: Ontario, Canada; Victoria, Australia; England and Wales, United Kingdom (UK); and Northern Ireland, UK. Comparisons and contrasts are made in the key areas of: the legal framework for supported and substitute decision-making; the criteria for intervention; the assessment process; the safeguards; and issues in practice. Thus Ontario has developed a relatively comprehensive, progressive and influential legal framework over the past 30 years but there remain concerns about the standardisation of decision-making ability assessments and ...Continue Reading

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Citations

May 20, 2017·Current Opinion in Psychiatry·Ina JahnKatarina Stengler
Mar 21, 2018·Qualitative Health Research·Fauzia KnightHelen Herrman
Jun 29, 2018·The Australian and New Zealand Journal of Psychiatry·Renata KokanovićHelen Herrman
Jun 16, 2018·International Journal of Mental Health and Addiction·Nazilla KhanlouMasood Zangeneh
Aug 18, 2018·Irish Journal of Psychological Medicine·T CroninB Hallahan

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