Comparative Perspectives on Adult Guardianship
Title | Comparative Perspectives on Adult Guardianship PDF eBook |
Author | A. Kimberley Dayton |
Publisher | |
Pages | 0 |
Release | 2014 |
Genre | Capacity and disability |
ISBN | 9781611631821 |
This book comprises a compilation of chapter-essays from some of the world's leading authorities on adult guardianship law. The essays cover a wide range of topics from both theoretical and practical perspectives. Part I of the book introduces some of the basic concepts that transcend the national guardianship system, approaching these concepts from a comparative perspective. Part II's essays provide comprehensive information on guardianship systems around the world. Essays in Part III outline an ambitious agenda for reforming adult guardianship regimes. The book is a must read for those concerned with the role of national and international law in defining and expanding the rights of older persons and persons with disabilities who are at risk of being placed under guardianship due to cognitive or other disabilities.
LGBT Issues and Adult Guardianship
Title | LGBT Issues and Adult Guardianship PDF eBook |
Author | Nancy J. Knauer |
Publisher | |
Pages | 0 |
Release | 2021 |
Genre | |
ISBN |
Guardianship reform has largely overlooked issues related to sexual orientation and gender identity. Lesbian, gay, bisexual, and transgender (LGBT) individuals, however, present a distinct set of needs and concerns due to certain unique demographic characteristics, the evolving nature of LGBT civil rights, and the stubborn persistence of anti-LGBT bias and prejudice. This chapter explores these LGBT-specific concerns from a comparative perspective and identifies the various ways that seemingly neutral guardianship laws can work to silence LGBT identities and place LGBT families at risk. It concludes that guardianship systems should incorporate safeguards that expressly acknowledge the importance of sexual orientation and gender identity. Respect for a ward's sexual orientation and gender identity is essential to the concepts of dignity and self-determination that have served as the guiding principles of guardianship reform. In the absence of appropriate safeguards, even guardianship reform driven by a “person-centered philosophy” will ultimately fall short and fail to protect the interests of LGBT individuals and LGBT families.
A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario
Title | A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario PDF eBook |
Author | |
Publisher | |
Pages | 65 |
Release | 2006 |
Genre | Capacity and disability |
ISBN |
Beyond Guardianship
Title | Beyond Guardianship PDF eBook |
Author | National Council on Disability |
Publisher | Government Printing Office |
Pages | 202 |
Release | 2018-03-27 |
Genre | |
ISBN | 9780160945236 |
In general, guardianship involves a state-court determination that an individual lacks the capacity to make decisions with respect to their health, safety, welfare, and/or property. This Beyond Guardianship report explains how guardianship law has evolved, explores the due process and other concerns with guardianships, offers an overview of alternatives to guardianship, and identifies areas for further study. This report covers people with mental illness or disabilities, to include children populations and aging adult populations Legal standards of incapacity are also explored within this report. Discover more products related to this topic: Physically challenged collection and resources about persons that are disabled Aging resources collection Mental Health collection Childhood & Adolescence collection
A Comparative Analysis of Adult Guardianship Laws in B.C., New Zealand and Ontario
Title | A Comparative Analysis of Adult Guardianship Laws in B.C., New Zealand and Ontario PDF eBook |
Author | British Columbia Law Institute |
Publisher | |
Pages | 65 |
Release | 2006-11-01 |
Genre | Capacity and disability |
ISBN | 9781894278379 |
Special Needs Financial Planning
Title | Special Needs Financial Planning PDF eBook |
Author | Lusina Ho |
Publisher | Cambridge University Press |
Pages | 397 |
Release | 2019-07-04 |
Genre | Health & Fitness |
ISBN | 1108481205 |
First comparative study of major special needs financial planning mechanisms, namely guardianship, enduring/lasting powers of attorney, and special needs trusts.
The Adult Guardianship Experiment
Title | The Adult Guardianship Experiment PDF eBook |
Author | Terry Carney |
Publisher | Federation Press |
Pages | 258 |
Release | 1997 |
Genre | Law |
ISBN | 9781862872646 |
During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.