NCJ Number
224639
Date Published
September 2008
Length
181 pages
Annotation
This discussion paper from the Queensland Law Reform Commission outlines relevant Queensland (Australia) guardianship law, which regulates decisionmaking by and for adults with impaired decisionmaking capacity; reviews guardianship law in other Australian jurisdictions; and invites submissions to the Commission for consideration when it offers its recommendations on relevant legislative reforms.
Abstract
One chapter presents an overview of the Queensland guardianship system, followed by a chapter that discusses the United Nations Convention on the Rights of Persons With Disabilities and its relevance in guiding the Commission’s consideration of the issues raised by the discussion paper. Another chapter discusses the role and content of the General Principles. It considers whether the existing General Principles remains appropriate or whether they should be redrafted or expanded to include new principles. It also discusses issues raised by the application of the General Principles in practice. A chapter then examines the role, content, and application of the Health Care Principle, with attention to whether the Health Care Principle, particularly the best-interests approach, remains appropriate. This is followed by a chapter that discusses the test of decisionmaking capacity and how this capacity is assessed under the legislation. The discussion focuses on the general approaches used in conceptualizing decisionmaking capacity and examines the specific elements of the statutory test of capacity. The concluding chapter discusses the test of capacity to make an enduring power of attorney or an advance health directive. It considers the level of understanding required for making an enduring document and witnessing requirements. Appended terms of reference for the Commission, a membership list of the reference group, and jurisdictional comparison of the General Principles