Journal article

An international comparison of legal frameworks for supported and substitute decision-making in mental health services

Gavin Davidson, Lisa Brophy, Jim Campbell, Susan J Farrell, Piers Gooding, Ann-Marie O'Brien

International journal of law and psychiatry | PERGAMON-ELSEVIER SCIENCE LTD | Published : 2016


There have been important recent developments in law, research, policy and practice relating to supporting people with decision-making impairments, in particular when a person's wishes and preferences are unclear or inaccessible. A driver in this respect is the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the implications of the CRPD for policy and professional practices are currently debated. This article reviews and compares four legal frameworks for supported and substitute decision-making for people whose decision-making ability is impaired. In particular, it explores how these frameworks may apply to people with mental health problems. The four jurisdicti..

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