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Laws 2015, 4(1), 37-59; doi:10.3390/laws4010037

Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?

1
Faculty of Law, The University of Sydney, Eastern Avenue, Sydney, NSW 2006, Australia
2
Faculty of Law, University of Technology Sydney, PO Box 123, Broadway, Sydney, NSW 2007, Australia 
Academic Editors: Lindy Willmott, Kelly Purser and Shih-Ning Then
Received: 21 December 2014 / Revised: 6 January 2015 / Accepted: 16 January 2015 / Published: 23 January 2015
View Full-Text   |   Download PDF [247 KB, uploaded 23 January 2015]

Abstract

Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers of citizens requiring assistance with day-to-day issues such as dealing with welfare agencies, managing income security payments, or making health care decisions. Old measures such as representative payee schemes or “nominee” arrangements are not compatible with the CRPD. However, as comparatively routine social security or other government services become increasingly complex to navigate, and as self-managed or personalised budgets better recognise self-agency, any “off the shelf” measures become more difficult to craft and difficult to resource. This paper focuses on recent endeavours of the Australian Law Reform Commission and other local and overseas law reform and policy initiatives to tackle challenges posed both for ordinary citizens and those covered by special programs (such as Australia’s National Disability Insurance Scheme and “disability trusts” in Australia and Canada). View Full-Text
Keywords: supported decision-making; representative payees; disability trusts; law in action; evaluation supported decision-making; representative payees; disability trusts; law in action; evaluation
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Carney, T. Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective? Laws 2015, 4, 37-59.

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