Assessment of mental capacity : a New Zealand guide for doctors and lawyers / Alison Douglass, Greg Young and John McMillan.

By: Douglass, Alison.
Contributor(s): Douglass, Alison 1962- [editor.] | Young, Greg (Author of Assessment of mental capacity) [editor.] | McMillan, John, Dr [editor.].
Publisher: Wellington, NZ : Victoria University of Wellington Press, 2020Copyright date: 2020Description: 607 pages ; 24 cm.Content type: text Media type: unmediated Carrier type: volumeISBN: 9781776562947.Subject(s): MENTAL CAPACITY | MENTAL HEALTH LAWS | PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT 1988 | CODE OF HEALTH AND DISABILITY SERVICES CONSUMERS RIGHTS | SUPPORTED DECISION MAKING | HEALTH CARE | CASE STUDIES | PROFESSIONALS GUIDES | NEW ZEALAND
Contents:
Foreword / Justice Susan Glazebrook, Judge Mary O'Dwyer and Professor Bruce Arroll -- Part one: Key concepts and legal overview. Capacity: key concepts -- Capacity law and the PPPR Act -- Taking capacity seriously = England's experience / Nuala Kane and Alex Ruck Keene -- Capacity and health care. Fusion or confusion? Capacity and its role in involuntary mental health legislation in light of international developments / Alex Ruck Keene -- Supported decision-making. Unconscious bias and clinical care / Angela Ballantyne and Chris Reid -- Cultural diversity and the role of interpreters / Ben Gray -- M�aori perspectives / Joanne Baxter -- Tikanga in law / Jacinta Ruru -- Part two: Case studies in practice. Consent to health care -- Consent and refusal -- support for legal capacity / Alex Ruck Keene -- Liberty and placement in care. Is there a suitable framework for the deprivation of liberty in New Zealand / Mark Fisher -- Financial capacity. Assessing financial capacity: a clinical perspective / Jane Casey -- Capacity and personal relationships. Capacity to marry: applying the Toolkit to practice / Kathryn Lellman -- Assessing capacity to consent to sexual relationships: a psychologist's perspective / Kay Cunningham -- Capacity to make a will. Does the 'golden rule' apply in New Zealand? / Nicola Peart -- Medical aspects of end-of-life testamentary capacity / Gary Cheung -- Substance addiction. Challenges for clinicians under the Substance Addiction (Compulsory Assessment and Treatment) Act: two perspectives / Darren Malone and Katherine Shaw -- Human rights and insight / Kate Diesfeld and Susan Watts -- Reflections on capacity under the Act, from a member of the bench / Judge Phil Recordon -- Advance decisions. Angus: case commentary / Ron Paterson -- Part three: Professional guidance -- guidance for health practitioners -- Guidance for lawyers -- Appendices.
Summary: "The ability to make decisions and take actions that influence our life is critically important, and ranges from simple everyday choices about what to eat or wear, to far-reaching decisions about health care and personal or financial matters. When our ability to make our own decisions is impaired, whether due to dementia, learning or intellectual disability, mental illness or brain injury, that might mean we are not able to make decisions for ourselves. So, there is a need for clear assessment processes to help decide whether someone has the capacity to make their own decisions, who should make decisions on their behalf, and on what basis such decisions should be made. The guidance in this book has been written to serve the needs of doctors, lawyers, health practitioners, families and whanau. It is written by experts from a range of disciplines including law, medicine and ethics, and is based on the Toolkit for Assessing Capacity. It combines an explanation of the law, case studies and practical guidance for health and legal practitioners about capacity, how it is assessed, and what supporting people with impaired capacity means in practice" -- Publisher information.
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Main Collection 260 DOU (Browse shelf) 1 Checked out 14/12/2020 W0011941
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Includes bibliographical references and index.

Foreword / Justice Susan Glazebrook, Judge Mary O'Dwyer and Professor Bruce Arroll -- Part one: Key concepts and legal overview. Capacity: key concepts -- Capacity law and the PPPR Act -- Taking capacity seriously = England's experience / Nuala Kane and Alex Ruck Keene -- Capacity and health care. Fusion or confusion? Capacity and its role in involuntary mental health legislation in light of international developments / Alex Ruck Keene -- Supported decision-making. Unconscious bias and clinical care / Angela Ballantyne and Chris Reid -- Cultural diversity and the role of interpreters / Ben Gray -- M�aori perspectives / Joanne Baxter -- Tikanga in law / Jacinta Ruru -- Part two: Case studies in practice. Consent to health care -- Consent and refusal -- support for legal capacity / Alex Ruck Keene -- Liberty and placement in care. Is there a suitable framework for the deprivation of liberty in New Zealand / Mark Fisher -- Financial capacity. Assessing financial capacity: a clinical perspective / Jane Casey -- Capacity and personal relationships. Capacity to marry: applying the Toolkit to practice / Kathryn Lellman -- Assessing capacity to consent to sexual relationships: a psychologist's perspective / Kay Cunningham -- Capacity to make a will. Does the 'golden rule' apply in New Zealand? / Nicola Peart -- Medical aspects of end-of-life testamentary capacity / Gary Cheung -- Substance addiction. Challenges for clinicians under the Substance Addiction (Compulsory Assessment and Treatment) Act: two perspectives / Darren Malone and Katherine Shaw -- Human rights and insight / Kate Diesfeld and Susan Watts -- Reflections on capacity under the Act, from a member of the bench / Judge Phil Recordon -- Advance decisions. Angus: case commentary / Ron Paterson -- Part three: Professional guidance -- guidance for health practitioners -- Guidance for lawyers -- Appendices.

"The ability to make decisions and take actions that influence our life is critically important, and ranges from simple everyday choices about what to eat or wear, to far-reaching decisions about health care and personal or financial matters. When our ability to make our own decisions is impaired, whether due to dementia, learning or intellectual disability, mental illness or brain injury, that might mean we are not able to make decisions for ourselves. So, there is a need for clear assessment processes to help decide whether someone has the capacity to make their own decisions, who should make decisions on their behalf, and on what basis such decisions should be made. The guidance in this book has been written to serve the needs of doctors, lawyers, health practitioners, families and whanau. It is written by experts from a range of disciplines including law, medicine and ethics, and is based on the Toolkit for Assessing Capacity. It combines an explanation of the law, case studies and practical guidance for health and legal practitioners about capacity, how it is assessed, and what supporting people with impaired capacity means in practice" -- Publisher information.

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