Capacity and the Law

Capacity and the Law
2021 Edition(1)(2)

by

Nick O’Neill

LLB(Melb), LLM(Lond)
Australian Lawyer
Director Capacity Australia
formerly President, Guardianship Tribunal, NSW

and

Carmelle Peisah

MB BS (Hons), MD, FRANZCP,
Old Age Psychiatrist
Conjoint Professor, School of Psychiatry, Faculty of Medicine, UNSW
President Capacity Australia
formerly Professional Member, Guardianship Tribunal, NSW

This edition is updated from time to time – see the commencement of each chapter.

Table of Contents

Part 1 - Capacity and its attributes in action

• Chapter 1 - What is capacity?
• Chapter 2 - Decision-making and relationships
• Chapter 3 - Incapacity and contracts and gifts during lifetime
• Chapter 4 - Capacity and wills

Part 2 - Substitute decision-makers appointed by tribunals and courts

• Chapter 5 - The development of modern guardianship
• Chapter 6 - Guardianship
• Chapter 7 - The functions of a guardian
• Chapter 8 - Administration/financial management

Part 3 - Appointing one's own substitute decision-maker

• Chapter 9 - Enduring guardianship
• Chapter 10 - Enduring powers of attorney

Part 4 - Substitute decision-making for the medical treatment of incapable people, including treatment and care at the end of their lives

• Chapter 11 - The development of the law relating to the medical treatment of incapable people
• Chapter 12 - Substitute consent to medical and dental treatment
• Chapter 13 - Advance Directives
• Chapter 14 - The proper practice and law relating to decision-making about treatment and care at the end of life
• Chapter 15 - Sterilisation
• Chapter 16 - Capacity to consent to research

Part 5 - Other related matters

• Chapter 17 - Capacity and the right to refuse psychiatric treatment
• Chapter 18 - Professional Capacity

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