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An evaluation of guardianship under the Mental Health (Scotland) Act 1984
- Authors:
- BEAN Alison, MACPHERSON Suzi, MCGUCKIN Ann
- Publisher:
- Scotland. Scottish Executive Central Research Unit
- Publication year:
- 2001
- Pagination:
- 4p.
- Place of publication:
- Edinburgh
Study of guardianship under the Mental Health (Scotland) Act 1984. Includes analysis of 126 guardianships granted between 1998 and 1999, analysis of court records and interviews with professionals and support groups.
Guardianship under the 1989 Mental Health Act
- Author:
- EVANS K.
- Journal article citation:
- Practice: Social Work in Action, 3(1), Spring 1989, pp.49-65.
- Publisher:
- Taylor and Francis
Concludes that guardianship despite some limitations can provide useful support for community care of mentally disordered people.
Guardianship under the mental health legislation : a review
- Author:
- FISHER M.
- Journal article citation:
- Journal of Social Welfare Law, 5, 1988, pp.321-327.
- Publisher:
- Sweet & Maxwell Ltd
Reviews the Mental Health Act 1959, the Mental Health Act 1983, further developments and SSRG research.
Report on incapable adults: report submitted under section 3(2) of the Law Commissions Act 1965; presented to Parliament by the Lord Advocate by command of Her Majesty, September 1995
- Author:
- SCOTTISH LAW COMMISSION
- Publisher:
- HMSO
- Publication year:
- 1995
- Pagination:
- 240p.
- Place of publication:
- Edinburgh
Examines the law in Scotland relating to decision making for people who are unable to decide for themselves, looks at what is wrong with the current system. Goes on to make suggestions and recommendations for improvements.
The role of the mental health officer
- Authors:
- ULAS Marion, MYERS Fiona, WHYTE Bill
- Publisher:
- Great Britain. Scottish Office. Central Research Unit
- Publication year:
- 1994
- Pagination:
- 105p.,tables,bibliog.
- Place of publication:
- Edinburgh
Presents a summary of the findings from a 3 year 9 month study focusing on the role of the local authority mental health officer (MHO) under the Mental Health (Scotland) Act 1984.
The approved social worker's guide to mental health law
- Author:
- BROWN Robert
- Publisher:
- Bournemouth University
- Publication year:
- 2004
- Pagination:
- 128p.
- Place of publication:
- Poole
This book has been primarily written for those on the Mental Health Social Work Award (ASW) courses or those helping to provide placement opportunities for ASW trainees. It will also be of use to practising ASWs, other mental health professionals, service users and carers. Contents: civil admissions, guardianship, supervised aftercare; relatives and carers; the role of the approved social worker; patients concerned in criminal proceedings;and consent to treatment and mental capacity. Summaries of current mental health law are provided.
Making decisions: the government's proposals for making decisions on behalf of mentally incapacitated adults; a report issued in the light of responses to the consultation paper Who Decides?
- Author:
- GREAT BRITAIN. Lord Chancellor's Department
- Publisher:
- Stationery Office
- Publication year:
- 1999
- Pagination:
- 34p.
- Place of publication:
- London
The Government believes there is a clear need for reform of the law in order to improve and clarify the decision-making process for those who are unable to make decisions for themselves, or those who cannot communicate their decisions. These are some of the most vulnerable people in our society. The law in this area has developed in piecemeal fashion, and does not always offer sufficient protection either for mentally incapacitated adults, or for those who look after them.This Consultation Paper seeks views on a possible framework for providing that protection, and for providing an organised framework of law to manage the welfare and affairs of mentally incapacitated adults.
Gatekeepers, proxies, advocates?: the evolving role of carers under mental health and mental incapacity law reforms
- Author:
- KEYWOOD Kirsty
- Journal article citation:
- Journal of Social Welfare and Family Law, 25(4), December 2003, pp.355-368.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
This article explores the potential impact of the mental health and mental incapacity law reforms on carers. The reform proposals anticipate a number of overlapping and at times conflicting roles for carers (including those of gatekeeper, decision-making proxy and advocate), which is suggestive of an ongoing ambivalence toward the caring role at the level of ethics, policy and strategic planning.
Old age and family law
- Author:
- ZENZ Gisela
- Journal article citation:
- Family Law, 33(5), May 2003, pp.340-344.
- Publisher:
- Jordan
The elderly, like all other adults, are subject to family law. Moreover, most of them have outgrown the typical conflict areas covered by family law - marriage, divorce and disputes over child custody. Other family conflicts can be avoided far better today than in former times because the aged no longer need to live with their families. However, there is one group of the elderly, in particular, for whom the task of reviewing and updating family law doctrines is possibly the most relevant, ie the growing number of very old people of 80 years old and over who often suffer from progressive physical and/or mental disabilities. They are extremely dependent on family (or 'familiar') relationships and helpless when abused or neglected - a situation in some ways comparable to that of small children.
Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two States
- Authors:
- DUDLEY Kenneth C., GOINS R. Turner
- Journal article citation:
- Journal of Aging and Social Policy, 15(1), 2003, pp.97-115.
- Publisher:
- Routledge
- Place of publication:
- Philadelphia, USA
This American study examined the evaluations of capacity of alleged incapacitated persons (AIPs) between two states and compared the thoroughness of the evaluations to state law. These evaluations are frequently the only source of information on cognitive and psychiatric symptoms, functional abilities, and current treatments. One hundred nineteen evaluations of capacity were reviewed using the Guardianship Evaluation Review Instrument. Findings indicated that states differed on the AIP's age, presence at the court hearing, and description of current treatments. Overall, data suggested that evaluation thoroughness was substandard. In over 75% of cases, full guardianship was granted. Issues on terminology, concern regarding evaluators and courts, and ways for evaluators and the court to fulfill their responsibilities to older adults are discussed. (Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)