Comparative Perspectives on Adult Guardianship
Comparative Perspectives on Adult Guardianship

Author: A. Kimberley Dayton

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781611631821

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This book comprises a compilation of chapter-essays from some of the world's leading authorities on adult guardianship law. The essays cover a wide range of topics from both theoretical and practical perspectives. Part I of the book introduces some of the basic concepts that transcend the national guardianship system, approaching these concepts from a comparative perspective. Part II's essays provide comprehensive information on guardianship systems around the world. Essays in Part III outline an ambitious agenda for reforming adult guardianship regimes. The book is a must read for those concerned with the role of national and international law in defining and expanding the rights of older persons and persons with disabilities who are at risk of being placed under guardianship due to cognitive or other disabilities.

Elder Abuse
Elder Abuse

Author: XinQi Dong

Publisher: Springer

Published: 2017-02-22

Total Pages: 721

ISBN-13: 3319475045

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This book provides a global comprehensive and systematic state-of-the review of this field that fills the gaps between research, practice, and policy. The book addresses the epidemiology of the issue and the global prevalence of elder abuse in both developed and developing countries, which synthesizes the most up-to-date data about risk factors and protective factors associated with elder abuse and consequences of elder abuse; clinical assessment and management of elder abuse, including screening, detection, management of elder abuse, and the role of decision making capacity and forensic approaches; practice and services that describe adult protective services, legal justice, elder court systems, and guardianship system; elder abuse and culture, which provides more in-depth anthropological and ethnographic experiences; policy issues, which highlights the elder justice movement, GAO reports, elder justice act, older American act and elder justice coordinating council; and future directions, which explores translational research, practice, education/training and policy issues surrounding elder abuse. Elder Abuse: Research, Practice and Policy is a useful resource for aging researchers, social services, general internists, family medicine physicians, social workers, nurses, and legal professionals interested in the issues of elder abuse.

Capacity, Participation and Values in Comparative Legal Perspective
Capacity, Participation and Values in Comparative Legal Perspective

Author: Camillia Kong

Publisher: Policy Press

Published: 2023-05-31

Total Pages: 271

ISBN-13: 1529224470

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With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

The Adult Guardianship Experiment
The Adult Guardianship Experiment

Author: Terry Carney

Publisher: Federation Press

Published: 1997

Total Pages: 258

ISBN-13: 9781862872646

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During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.

Social Parenthood in Comparative Perspective
Social Parenthood in Comparative Perspective

Author: Clare Huntington

Publisher: NYU Press

Published: 2023-07-18

Total Pages: 273

ISBN-13: 1479814121

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Investigates social parents – people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social parent is a parent. But the legal status of a social parent is hotly debated. Social Parenthood in Comparative Perspective considers how the law does—and how it should—recognize social parenthood. The book begins with a psychological account of social parenthood, establishing the importance of a relationship between a child and a social parent and the harms of not protecting this relationship. It then turns to social scientists to identify and explore some circumstances when a child may have a social parent. And to compare legal responses to social parenthood, the book draws on the expertise of legal scholars in nine countries in North America and Europe. The legal contributors describe the existing laws governing social parents, critique their efficacy, and offer new insights. Though almost all of the countries analyzed have adapted to the new reality of family life by recognizing social parents in some manner, the nature and extent of the recognition varies widely. The volume concludes by discussing some of the issues flowing from the decision to recognize social parents, including whether social parents should have the same legal rights and responsibilities as other legal parents, whether all social parents must be treated identically, whether the law should limit a child to two parents, and much more. Families are changing, and the law must adapt accordingly. Social Parenthood in Comparative Perspective charts a way forward by offering solutions to help policymakers consider options for addressing social parenthood.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung
The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

Author: Zentaro Kitagawa

Publisher: Walter de Gruyter

Published: 2011-12-22

Total Pages: 293

ISBN-13: 311091915X

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Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Critical Perspectives on Coercive Interventions
Critical Perspectives on Coercive Interventions

Author: Claire Spivakovsky

Publisher: Routledge

Published: 2018-05-11

Total Pages: 292

ISBN-13: 135165733X

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Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

Research Anthology on Human Resource Practices for the Modern Workforce
Research Anthology on Human Resource Practices for the Modern Workforce

Author: Management Association, Information Resources

Publisher: IGI Global

Published: 2021-12-30

Total Pages: 2224

ISBN-13: 1668438747

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Human resource departments have been a crucial part of business practices for decades and particularly in modern times as professionals deal with multigenerational workers, diversity initiatives, and global health and economic crises. There is a necessity for human resource departments to change as well to adapt to new societal perspectives, technology, and business practices. It is important for human resource managers to keep up to date with all emerging human resource practices in order to support successful and productive organizations. The Research Anthology on Human Resource Practices for the Modern Workforce presents a dynamic and diverse collection of global practices for human resource departments. This anthology discusses the emerging practices as well as modern technologies and initiatives that affect the way human resources must be conducted. Covering topics such as machine learning, organizational culture, and social entrepreneurship, this book is an excellent resource for human resource employees, managers, CEOs, employees, business students and professors, researchers, and academicians.

Special Needs Financial Planning
Special Needs Financial Planning

Author: Lusina Ho

Publisher: Cambridge University Press

Published: 2019-07-04

Total Pages: 397

ISBN-13: 1108481205

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First comparative study of major special needs financial planning mechanisms, namely guardianship, enduring/lasting powers of attorney, and special needs trusts.

Mental Capacity, Dignity and the Power of International Human Rights
Mental Capacity, Dignity and the Power of International Human Rights

Author: Julia Duffy

Publisher: Cambridge University Press

Published: 2023-08-17

Total Pages: 299

ISBN-13: 100930450X

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Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.