HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Friday, June 18, 2021

Combating Elder Abuse: Any Role for Supported-Decision-Making, Adult Guardianship or Other Laws?

Terry Carney (The University of Sydney), Combating Elder Abuse: Any Role for Supported-Decision-Making, Adult Guardianship or Other Laws?, in Combating Elder Abuse in Australia and India (Mala Kapur Shankardass ed., Nova Science, NY 2020):

This chapter considers whether adult guardianship and supported decision-making laws have any place for people with dementias living in community or residential care settings. It argues that the answer may neither be simple nor common either within or between countries. This is because giving effect to the ‘will preferences and rights’ of people with dementia, as required under the Convention on the Rights of Persons with Disabilities, calls for nuanced consideration of many and varied factors. These include the nature of relationships of care and support, cultural values, government and civil society social service arrangements, and the role of law.

https://lawprofessors.typepad.com/healthlawprof_blog/2021/06/combating-elder-abuse-any-role-for-supported-decision-making-adult-guardianship-or-other-laws.html

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