‘Combating Elder Abuse: Any Role for Supported-Decision-Making, Adult Guardianship or Other Laws?’

Terry Carney, ‘Combating Elder Abuse: Any role for supported-decision-making, adult guardianship or other laws?’ in Mala Kapur Shankardass (ed) Combating Elder Abuse in Australia and India (2020) Nova Science: NY 265-287

20 Pages Posted: 3 Apr 2021

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Date Written: March 16, 2021

Abstract

This chapter considers whether adult guardianship and supported decision-making laws have any place for people with dementias living in community or residential care settings. It argues that the answer may neither be simple nor common either within or between countries. This is because giving effect to the ‘will preferences and rights’ of people with dementia, as required under the Convention on the Rights of Persons with Disabilities, calls for nuanced consideration of many and varied factors. These include the nature of relationships of care and support, cultural values, government and civil society social service arrangements, and the role of law.

Keywords: elder abuse, decision-making support, safeguards, law reform

JEL Classification: K10, K30, K33, K36

Suggested Citation

Carney AO, Terry, ‘Combating Elder Abuse: Any Role for Supported-Decision-Making, Adult Guardianship or Other Laws?’ (March 16, 2021). Terry Carney, ‘Combating Elder Abuse: Any role for supported-decision-making, adult guardianship or other laws?’ in Mala Kapur Shankardass (ed) Combating Elder Abuse in Australia and India (2020) Nova Science: NY 265-287 , Available at SSRN: https://ssrn.com/abstract=3805372

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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