Linked e-resources
Details
Table of Contents
Preface; Contents; List of Abbreviations; Chapter 1: The Challenges Presented by the Assessment of Legal Capacity; 1 Introduction; 2 Terminology; 3 Challenges to Assessing Capacity; 3.1 Mentally Disabling Conditions; 3.2 The Impact of Ageing; 3.3 Societal and Familial Perceptions; 3.4 The Legal and Medical Tension; 3.5 No Uniform Approach; 3.6 Education and Ongoing Training; 3.7 Cost; 4 Conclusion; References; Cases; Chapter 2: Therapeutic Jurisprudence; 1 Introduction; 2 Definitions; 3 The Utility of Therapeutic Jurisprudence; 3.1 Incompetency Labelling and Individual Autonomy
3.2 The Dualistic Nature of Autonomy and Protection3.3 The Neutral Fact Finder; 3.4 The Least Restrictive Alternative; 4 Limitations of Therapeutic Jurisprudence; 4.1 The Identity Dilemma; 4.2 The Definitional Dilemma; 4.3 The Dilemma of Empirical Indeterminism; 4.4 The Rule of Law Dilemma; 4.5 The Balancing Dilemma; 5 Application to the Capacity Context; 5.1 Testamentary Acts; 5.2 Supported and Substitute Decision-Making; 6 Conclusion; References; Chapter 3: Legal Capacity; 1 Introduction; 2 The Nature of Legal Capacity; 2.1 Financial and Testamentary Capacity
2.2 Capacity to Make Lifestyle/Health Decisions3 Assessing Capacity; 3.1 The Presumption of Capacity; 3.2 Cognitive and Functional Capacity; 3.3 Decisional and Executional Capacity; 3.4 The Functional, Status and Outcome Approaches; 3.5 A Fixed or Sliding Threshold; 3.6 The Legal and Medical Intersection; 4 Principles of Capacity Assessment; 4.1 Autonomy, Protection and Beneficence; 4.2 Rationality; 4.3 Ethical Considerations; 5 Select Models of Capacity Assessment; 5.1 The Capacity Assessment Toolkit; 5.2 The Six Step Capacity Assessment Process; 5.3 Standardised Tests
5.4 The Two Stage Capacity Assessment Model5.5 A Conceptual Model of Capacity Assessment; 5.6 The Financial Capacity Assessment Model; 5.7 The MacArthur Treatment Competence Study; 6 Conclusion; References; Cases and Legislation; Chapter 4: Testamentary Capacity; 1 Introduction; 2 Testamentary Capacity; 3 Insane Delusions and Lucid Intervals; 4 Statutory Wills; 5 The Golden Rule; 6 The Adequacy of the Existing Assessment Paradigm; 6.1 `Practical ́Concerns; 6.2 Mentally Disabling Conditions and Testamentary Capacity; 6.3 Evidence about Testamentary Capacity; 6.4 The Role of `Expert ́Evidence
6.5 Contemporaneous and Retrospective Assessment6.6 Cost; 7 What to Assess; 8 Conclusion; References; Cases and Legislation; Chapter 5: Substitute Decision-Making; 1 Introduction; 2 Enduring Documents; 3 Relevant Principles; 4 The United Nations Convention on the Rights of Persons with Disabilities; 5 Capacity to Make Enduring Documents at Law; 6 Witnessing Provisions and Capacity Assessment; 7 Evidencing the Loss of Legal Capacity; 8 Conclusion; References; Cases and Legislation; Chapter 6: Capacity Assessment: An International Problem; 1 Introduction
3.2 The Dualistic Nature of Autonomy and Protection3.3 The Neutral Fact Finder; 3.4 The Least Restrictive Alternative; 4 Limitations of Therapeutic Jurisprudence; 4.1 The Identity Dilemma; 4.2 The Definitional Dilemma; 4.3 The Dilemma of Empirical Indeterminism; 4.4 The Rule of Law Dilemma; 4.5 The Balancing Dilemma; 5 Application to the Capacity Context; 5.1 Testamentary Acts; 5.2 Supported and Substitute Decision-Making; 6 Conclusion; References; Chapter 3: Legal Capacity; 1 Introduction; 2 The Nature of Legal Capacity; 2.1 Financial and Testamentary Capacity
2.2 Capacity to Make Lifestyle/Health Decisions3 Assessing Capacity; 3.1 The Presumption of Capacity; 3.2 Cognitive and Functional Capacity; 3.3 Decisional and Executional Capacity; 3.4 The Functional, Status and Outcome Approaches; 3.5 A Fixed or Sliding Threshold; 3.6 The Legal and Medical Intersection; 4 Principles of Capacity Assessment; 4.1 Autonomy, Protection and Beneficence; 4.2 Rationality; 4.3 Ethical Considerations; 5 Select Models of Capacity Assessment; 5.1 The Capacity Assessment Toolkit; 5.2 The Six Step Capacity Assessment Process; 5.3 Standardised Tests
5.4 The Two Stage Capacity Assessment Model5.5 A Conceptual Model of Capacity Assessment; 5.6 The Financial Capacity Assessment Model; 5.7 The MacArthur Treatment Competence Study; 6 Conclusion; References; Cases and Legislation; Chapter 4: Testamentary Capacity; 1 Introduction; 2 Testamentary Capacity; 3 Insane Delusions and Lucid Intervals; 4 Statutory Wills; 5 The Golden Rule; 6 The Adequacy of the Existing Assessment Paradigm; 6.1 `Practical ́Concerns; 6.2 Mentally Disabling Conditions and Testamentary Capacity; 6.3 Evidence about Testamentary Capacity; 6.4 The Role of `Expert ́Evidence
6.5 Contemporaneous and Retrospective Assessment6.6 Cost; 7 What to Assess; 8 Conclusion; References; Cases and Legislation; Chapter 5: Substitute Decision-Making; 1 Introduction; 2 Enduring Documents; 3 Relevant Principles; 4 The United Nations Convention on the Rights of Persons with Disabilities; 5 Capacity to Make Enduring Documents at Law; 6 Witnessing Provisions and Capacity Assessment; 7 Evidencing the Loss of Legal Capacity; 8 Conclusion; References; Cases and Legislation; Chapter 6: Capacity Assessment: An International Problem; 1 Introduction