Search results for ‘Subject term:"learning disabilities"’ Sort:
Results 1 - 10 of 54
The Mental Capacity Bill 2004: human rights concerns
- Author:
- LAING Jacqueline
- Journal article citation:
- Family Law, 35(2), February 2005, pp.137-142.
- Publisher:
- Jordan
The Bill represents the culmination of efforts to enact wide-ranging legislation in respect of the mentally incapacitated to encompass management and control not merely of financial affairs but, more controversially, healthcare and medical treatment. Defenders argue it empowers them by allowing them tor make decisions for themselves by way of court appointed deputies and attorneys authorised to decide on their behalf and by legally binding advance statements. It is argued that it goes no further than existing common law and in no way licenses abuse, exploitation or homicide, but since first reading human rights concerns have been articulated. Gives the background to the Bill and lists controversial clauses. Discusses withholding or withdrawing life-sustaining treatment, non-therapeutic research, arbitrary deprivations of liberty, non-voluntary abortion and sterilisation, and other defects. Concludes the concerns identified in recent cases are profound enough to suggest the Bill has been drafted on false assumptions, not assuaged by minor amendments, and that a thorough reconsideration would be appropriate. To press ahead would be to underestimate the potential for human rights violations.
Your guide to the Mental Capacity Bill
- Author:
- GEORGE Mike
- Journal article citation:
- Care and Health Magazine, 27.7.04, 2004, pp.30-31.
- Publisher:
- Care and Health
Looks at the main areas of the Mental Capacity Bill, which covers England and Wales.
A guide to the Mental Incapacity/Capacity Bill 2003
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 128, July 2004, pp.24-25.
- Publisher:
- MIND
Provides an overview of the Mental Incapacity/Capacity Bill 2003.
Life in the community
- Author:
- SINCLAIR Lynn
- Journal article citation:
- Mencap News, 44, May 1994, pp.10-11.
Discusses the conflicts and problems associated with personal decision taking by and for adults with learning disabilities. Looks at the Law Commission's work in this area.
The draft Mental Incapacity Bill
- Author:
- SCHWEHR Belinda
- Journal article citation:
- Care and Health Magazine, 40, 16.7.03, 2003, pp.34-35.
- Publisher:
- Care and Health
The draft Mental Incapacity Bill aims to clarify the legality of decision-making for adults with less than full mental capacity. Provides a critical overview of the Bill, highlighting the Bills main features. Argues that the main beneficiaries of the Bill are not service users but carers, care homes and social care staff.
'In their best interests'
- Author:
- LETTS Penny
- Journal article citation:
- Community Living, 8(4), April 1995, pp.21-23.
- Publisher:
- Hexagon Publishing
The Law Commission has issued a report recommending that court act as final arbiter in cases where people lack the mental capacity to make decisions themselves. Summarises the proposals and presents some examples of how they would work in practice.
Guardianship and supported decision making in Israel
- Authors:
- DAVIES Rebecca Naomi, WERNER Shirli, SINAI Amanda
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 11(2), 2017, pp.54-64.
- Publisher:
- Emerald
Purpose: Recent research has promoted the use of supported decision making, in contrast to historical methods of substitute decision making when working with people with intellectual disabilities. In Israel, people with disabilities are protected by the Legal Capacity and Guardianship Law of 1962, which was amended in 2016. The purpose of this paper is to consider how these recent changes are perceived by the professionals in Israel. Design/methodology/approach: Professionals with experience in policy making, law, social work and with direct experience working with people with intellectual disabilities (ID) were interviewed using semi-structured interviews and one focus group. Interviews were recorded and subsequently coded and analysed qualitatively. Findings: Two major themes were identified. These were: the law and its phrasing, and changing culture. Findings highlight the process of change within guardianship law and practice and the challenges in implementation encountered so far and anticipated in the future. Originality/value: Guardianship laws are changing in many states and the challenges to implementation of supported decision-making in these countries have been echoed in this study. Functional models to allow implementation of supported decision-making have not yet been strongly evidenced. It is hoped that this research may provide a springboard for further study into legal capacity and guardianship issues in Israel and elsewhere. (Publisher abstract)
The impact of Irish policy and legislation on how adults with learning disabilities make choices
- Authors:
- CAREY Eileen, GRIFFITHS Colin
- Journal article citation:
- British Journal of Learning Disabilities, 44(2), 2016, pp.111-121.
- Publisher:
- Wiley
This paper reflects the impact of policy and legislation in the context of how adults with learning disabilities make choices. Following an overview of policies which have improved choice for people with learning disability in the United Kingdom, this paper reviews ‘choice’ in current Irish policy and legislation. This paper, while making comparisons with capacity legislation in the United Kingdom, presents a discussion on the perceived impact of the Assisted Decision-Making (Capacity) Bill (2013) based on submissions from the Citizens Information Board (2013a), Mental Health Reform (2014), and Quinn (2013). Further choice making challenges such as direct payments and information sharing which confront adults with learning disabilities are highlighted and overall conclusions are drawn. (Publisher abstract)
Guide to the Mental Capacity Act 2005: Part 2
- Authors:
- GRIMSHAW Catherine, CURRAN Christopher
- Journal article citation:
- Openmind, 140, July/August 2006, pp.24-25.
- Publisher:
- MIND
The 2005 Mental Capacity Act is due to come into force in April 2007. This article summarises some of the main issues in the Act to guide practitioners, ensure compliance with the lat and to reflect good practice. The article looks briefly at: assessments of capacity; maximising capacity; advance decisions; confidentiality and disputes.
Rights and responsibilities
- Author:
- PURI Aarti
- Journal article citation:
- Viewpoint, November 2007, pp.22-23.
- Publisher:
- Mencap/Gateway
This article answers key questions about the Mental Capacity Act 2005, focusing on the new Court of Protection, making advance decisions about treatment and a new criminal offence of ill-treatment or neglect of a person who lacks capacity.