Psychosocial factors

Chiu, Helen F. K.; Tsoh, Joshua; Yu, Xin

doi:10.1017/cbo9780511780615.012

Cited by 1 publication

(1 citation statement)

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“…104 The critical socio-economic drivers of reform in Australia, including an ageing population, changes in family structure, and developing patient-centric welfare concepts, apply in the Chinese context. Australia's adult guardianship model, which relies heavily on informal dispute resolution processes, family involvement and non-judicial processes is closely aligned with China's collectivist culture, 105 family-oriented support infrastructure, 106 and preference for informal dispute resolution. 107 Finally, China's ageing population and changing family structure create a strong social need for adult guardianship law reform.…”

Section: Limits On Nature and Scope Of Regulationmentioning

confidence: 99%

Guardianship and Health Decisions in China and Australia: A Comparative Analysis

Willmott¹,

White²,

Stackpoole³

et al. 2017

Asian J. Comp. Law

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This article compares the Australian and Chinese adult guardianship systems, and considers whether there is potential for drawing on some (or many) aspects of the Australian model for the Chinese legal framework. Australia has a well-developed guardianship framework that provides mechanisms for making healthcare decisions when an adult is no longer able to do so. This framework has evolved over many years and, in some cases, individuals can decide about medical treatment in advance of the situation arising, or who should be the decision-maker if he or she later loses capacity. The current Chinese legal framework, on the other hand, is a fragmented one and comprises laws that were not designed to deal with how healthcare decisions can be made for a person without capacity. This article outlines the legal framework in both jurisdictions and considers whether, having regard to the fact that these two countries have different values and cultures, there are features of the Australian guardianship system that could inform the development of Chinese law.

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Section: Limits On Nature and Scope Of Regulationmentioning

confidence: 99%