The Emergence of Assisted (Supported) Decision-Making in the Canadian Law of Adult Guardianship and Substitute Decision-Making

Gordon, Robert M.

doi:10.1016/s0160-2527(99)00034-5

Cited by 47 publications

(25 citation statements)

References 5 publications

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“…Despite a number of enquiries and academic commentary, Australia has been slow to legislate supported decision-making by comparison with Canada or Sweden [6,32,33] 2 .…”

Section: Supported Decision-making the Convention On Rights Of Persomentioning

confidence: 99%

Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?

Carney

2015

Laws

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Honouring the requirement of the Convention on the Rights of Persons withDisabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers of citizens requiring assistance with day-to-day issues such as dealing with welfare agencies, managing income security payments, or making health care decisions. Old measures such as representative payee schemes or "nominee" arrangements are not compatible with the CRPD. However, as comparatively routine social security or other government services become increasingly complex to navigate, and as self-managed or personalised budgets better recognise self-agency, any "off the shelf" measures become more difficult to craft and difficult to resource. This paper focuses on recent endeavours of the Australian Law Reform Commission and other local and overseas law reform and policy initiatives to tackle challenges posed both for ordinary citizens and those covered by special programs (such as Australia's National Disability Insurance Scheme and "disability trusts" in Australia and Canada).

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“…Despite a number of enquiries and academic commentary, Australia has been slow to legislate supported decision-making by comparison with Canada or Sweden [6,32,33] 2 .…”

Section: Supported Decision-making the Convention On Rights Of Persomentioning

confidence: 99%

Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?

Carney

2015

Laws

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“…55,56 Norway and Germany have mixed systems, offering both support and substitution decision-making. 57 Sweden has abolished plenary guardianship and offers a system of support services in favour of the support paradigm ranging from mentors to trustees allocated to support PWD. Mentors can be family members, members of the community or professionals who act only with consent of the person receiving support.…”

Section: On the Way To Reformmentioning

confidence: 99%

“…While this is a very positive initiative, Gordon expresses concern as to how sustainable it is to expect that nonprofit organizations can handle large incoming caseloads of PWMI requiring support. 57 The second issue when adapting models from HICs is the limited financial resources in LMICs. A personal ombudsman model like in Sweden may not be feasible in a LMIC due to the high implementation costs.…”

Section: Adapting Support Models To Lmicsmentioning

confidence: 99%

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Supported Decision-Making for Persons with Mental Illness: A Review

Pathare

Shields

2012

Public Health Rev

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Persons with mental illness (PWMI) are often not afforded the same opportunity to make decisions on a par with others in society. Article 12 of the International Convention on the Rights of Persons with Disabilities (CRPD) states that persons with disabilities should have equal recognition before the law and the right to exercise their legal capacity. Exercising legal capacity can mean making decisions about employment, medical or psychosocial treatment, property, finances, family, and participation in community activities. The aim of this paper is to comprehensively review the evidence on supported decision making for PWMI, both in legislation and research globally, with a focus on low-and middle-income countries (LMICs). Results reveal only a few countries have provisions for supported decision-making for PWMI, with a particular shortage of such provisions in legislation in LMICs There is also a general paucity of research evidence for supported decision-making, with the majority of research focusing on shared decision-making for treatment decisions. This review highlights the need for additional research in this area to better guide models, which can be utilised in domestic legislation, particularly in LMICs, to better implement the ideals of Article 12 of the CRPD.

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“…another to make a decision and communicate it to others' (Series 2015). This kind of support can be provided in many contexts, including those in which decisions do not affect legal consequences, or create, alter or extinguish legal relationships (Arstein- 17 For further reading and examples of support, see Gordon (2000), Gold (1994) and Herr (2003).…”

mentioning

confidence: 99%

Recognising legal capacity: commentary and analysis of Article 12 CRPD

Bhailís¹,

Flynn²

2017

International Journal of Law in Context

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This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.

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The Emergence of Assisted (Supported) Decision-Making in the Canadian Law of Adult Guardianship and Substitute Decision-Making

Cited by 47 publications

References 5 publications

Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?

Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?

Supported Decision-Making for Persons with Mental Illness: A Review

Recognising legal capacity: commentary and analysis of Article 12 CRPD

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