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

See all articles by Margaret Isabel Hall

Margaret Isabel Hall

Thompson Rivers University - Faculty of Law

Date Written: December 30, 2010

Abstract

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

Suggested Citation

Hall, Margaret Isabel, Capacity, Vulnerability, Risk and Consent: Personhood in the Law (December 30, 2010). DECISION MAKING, PERSONHOOD AND DEMENTIA: EXAMINING THE INTERFACE, D. O'Connor, B. Purves, eds., Jessica KIngsley Press, 2009 . Available at SSRN: https://ssrn.com/abstract=1732868

Margaret Isabel Hall (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada
604 518 3136 (Phone)

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