People With Dementia and Other Cognitive Disabilities: Relationally Vulnerable or a Source of Agency and Care?

Carney, T., ‘People with Dementia and other Cognitive Disabilities: Relationally vulnerable or a source of agency and care?’ Elder Law Review, 12(1), 2020, pp. 1-21

22 Pages Posted: 27 Mar 2020

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Date Written: March 26, 2020

Abstract

This article discusses the role of the law in community and residential care settings for people with dementias. It argues that the richer concept of relational autonomy offers a very useful analytical lens for understanding ethical, social and legal issues in dementia care, while its close companion ‘vulnerability’ also is of some assistance, despite its lack of definitional purchase. It suggests however that their main contribution is grounding discussion more closely in the lived lives of people and the rich ‘harmonies’ sought to be built to better realize the Convention on the Rights of Persons with Disabilities ‘will preferences and rights’ of people with dementia, while detecting and correcting for the ‘disharmonies’ in such relationships of care and support.

Keywords: Dementia, Relational Autonomy, Supported Decision-Making, CRP, Role of Law

JEL Classification: K10, K30, K33, K36

Suggested Citation

Carney AO, Terry, People With Dementia and Other Cognitive Disabilities: Relationally Vulnerable or a Source of Agency and Care? (March 26, 2020). Carney, T., ‘People with Dementia and other Cognitive Disabilities: Relationally vulnerable or a source of agency and care?’ Elder Law Review, 12(1), 2020, pp. 1-21, Available at SSRN: https://ssrn.com/abstract=3561294

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

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

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