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Judging the Competence of Older People: An Alternative?1

Published online by Cambridge University Press:  14 November 2008

Terry Carney
Affiliation:
Faculty of Law, The University of Sydney, 173–175 Phillip Street, Sydney, NSW 2000, Australia.

Abstract

Only a minority of adults of all age groups experience difficulty with their finances and affairs, due to the combined effect of their diminished competence and their social circumstances in placing them at risk, from themselves, or from family, friends or others (well-meaning or otherwise). If unable to manage independently or with informal assistance, formal intervention (guardianship) may be required. Neither the traditional formality of courts, nor the tests and clinical processes of medicine are well equipped to judge this in the abstract. Informal (family) models have their place but they (and other options) pose ethical difficulties. A more practical approach is that taken by Australia's multi-disciplinary panels.

Type
Research Article
Copyright
Copyright Cambridge University Press 1995

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References

2 The author gratefully acknowledges the research assistance provided in the preparation of this article by Mr Patrick Keyser, BA (Hons), LLB (Hons) Sydney.

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