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Planning for the Future: Arrangements for the Assistance of People Planning for the Future of People with Impaired Capacity

Queensland University of Technology Law and Justice Journal, Vol. 7, No. 1, pp. 255-278, 2007

Sydney Law School Research Paper No. 08/107

27 Pages Posted: 17 Sep 2008  

Terry Carney

The University of Sydney Law School

Patrick Keyzer

La Trobe Law School

Date Written: September, 15 2008

Abstract

This paper reviews the unmet need for legal services for people acting as carers of people with impaired mental capacity, including the legal needs of older carers. It examines private and public planning options, such as wills and estate planning, powers of attorney, trusts and adult guardianship - as ways of addressing the succession planning and service access needs of carers of people with impaired mental capacity. It argues that greater resourcing and professional/community education is required if sound planning is to be achieved for the future.

Keywords: impaired capacity, carers, succession planning, limits of law, reform

JEL Classification: I10, I11, I18, K10, K30, K32

Suggested Citation

Carney, Terry and Keyzer, Patrick, Planning for the Future: Arrangements for the Assistance of People Planning for the Future of People with Impaired Capacity (September, 15 2008). Queensland University of Technology Law and Justice Journal, Vol. 7, No. 1, pp. 255-278, 2007; Sydney Law School Research Paper No. 08/107. Available at SSRN: https://ssrn.com/abstract=1268152

Terry Carney (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Patrick Keyzer

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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