Capacity, Vulnerability, Risk and Consent: Personhood in the Law
DECISION MAKING, PERSONHOOD AND DEMENTIA: EXAMINING THE INTERFACE, D. O'Connor, B. Purves, eds., Jessica KIngsley Press, 2009
8 Pages Posted: 1 Jan 2011
Date Written: December 30, 2010
Policy makers are increasingly concerned with the needs of the vulnerable but capable at risk of both self-neglect and exploitation by others. The law has long intervened in decision making where the decision maker is found to lack mental capacity. The principles of equity will apply to retrospectively evaluate decisions of the capable but vulnerable in the context of particular relationships- a person-centred approach embedded in legal doctrine. This article explores the relationship between the equitable theory and the theory of personhood, and explores the possibilities for expanding the equitable framework beyond its current, fairly narrow, application.
Keywords: vulnerability, mental capacity, decision making, aging, personhood
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