NCJ Number
138692
Date Published
1992
Length
196 pages
Annotation
This report examines the issues related to an adult's lack of legal capacity to make certain decisions due to a mental or intellectual disability, and the law reforms needed in Queensland, Australia, to protect the rights of disabled persons and to guide a person appointed to make decisions for another person or help the person make decisions.
Abstract
Several laws currently specify the rules about substituted decisionmaking for adults with mental or intellectual disabilities. The result of this piecemeal approach is a situation with gaps, overlaps, and inconsistencies. A public forum held in 1991 focused on areas of concern related to the present system. Therefore, legislation is recommended that gives statutory recognition to the rights of people with a mental or intellectual disability. Possible legislative principles include the presumption of competence, encouragement of self-reliance, the use of the least restrictive alternative, the use of substituted judgment, the recognition of ethnic or cultural background, the recognition of existing supporting relationships, nondiscrimination on the basis of age or gender, and the responsibility of the community toward people with disabilities. Topics that should be covered include enduring powers of attorney, consent to treatment, refusal of treatment, appeals, and the role of the adult guardian. Footnotes