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Capacity, Incapacity, and Old Age

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0003
Subject:
Law, Family Law

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who ... More


The implications of the Mental Capacity Act (MCA) 2005 for Advance Care Planning and decision making

Simon Chapman and Andrew Makin

in Advance Care Planning in End of Life Care

Published in print:
2010
Published Online:
November 2011
ISBN:
9780199561636
eISBN:
9780191730542
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561636.003.0008
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology

This chapter provides an overview of the MCA's impact on end of life care. It situates the MCA in the current context of policy and practice. It describes how the MCA can be used to improve care, ... More


Older People in Law and Society

Jonathan Herring

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.001.0001
Subject:
Law, Family Law

This book examines the legal rights and responsibilities of older people. Although the focus is particularly on the legal issues surrounding old age it draws extensively on the gerentological, ... More


Carers

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0004
Subject:
Law, Family Law

Older people can be involved in care work, either as the givers of care, or as the recipients of it. This chapter looks at the rights and responsibilities of those carers. It demonstrates the ways in ... More


Inheritance

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0009
Subject:
Law, Family Law

The ability of people to dispose of their property on their death is an important issue for many older people. This chapter considers the legal issues surrounding wills. In particular, it looks at ... More


Personhood and Moral Rights

Mary Anne Warren

in Moral Status: Obligations to Persons and Other Living Things

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198250401
eISBN:
9780191681295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250401.003.0004
Subject:
Philosophy, Moral Philosophy

This chapter examines two variants of the concept of a person, and considers the arguments for regarding personhood, in either of these two senses, as the sole criterion of moral status. The first, ... More


Madness, Badness, and Neuroimaging-Based Responsibility Assessments

Nicole A Vincent

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0006
Subject:
Law, Medical Law

This chapter poses the interesting question whether lacking the mental capacity for moral agency excuses or condemns further. Heidi Maibom, in a recent article, has argued for the latter, so that ... More


Translating Scientific Evidence into the Language of the “Folk”: Executive Function as Capacity-Responsibility

Katrina L. Sifferd

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0008
Subject:
Philosophy, Moral Philosophy

There are legitimate worries about gaps between scientific evidence of brain function and legal criteria for determining criminal culpability. Behavioral evidence (such as arranging a getaway car) ... More


What Neuroscience Can (and Cannot) Tell Us about Criminal Responsibility

Walter Glannon

in Brain, Body, and Mind: Neuroethics with a Human Face

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199734092
eISBN:
9780199894475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199734092.003.0012
Subject:
Philosophy, Moral Philosophy

This chapter discusses how neuroscience, in the form of neuroimaging, can inform but not determine whether an individual has the requisite mental capacity to be responsible for criminal behavior. ... More


Irrationality, Mental Capacities, and Neuroscience 1

Jillian Craigie and Alicia Coram

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0004
Subject:
Philosophy, Moral Philosophy

The concept of mental capacity is of central importance in private law, where it is used to determine a person’s ability to consent to or refuse medical treatment. Questions about psychological ... More


Enhancing Responsibility

Nicole A Vincent

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0013
Subject:
Philosophy, Moral Philosophy

We normally think that responsibility tracks mental capacity — i.e. that people’s responsibility diminishes when their mental capacities are compromised, and that it is restored as those capacities ... More


Preferred place of care and death

Fiona Randall and R. S. Downie

in End of Life Choices: Consensus and controversy

Published in print:
2009
Published Online:
November 2011
ISBN:
9780199547333
eISBN:
9780191730405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547333.003.0009
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making, Palliative Medicine Research

This chapter examines the importance of ensuring that end of life care patients' preferences for location of care and death are achieved. Preferred place of care and death are included in advance ... More


Legal capacity for people with dementia: a human rights approach

Eilionóir Flynn

in Dementia and Human Rights

Published in print:
2018
Published Online:
September 2018
ISBN:
9781447331377
eISBN:
9781447331391
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447331377.003.0007
Subject:
Sociology, Gerontology and Ageing

This chapter explores the right to legal capacity for people with dementia. The analysis focuses on General Comment 1 of the UN Committee on the rights of persons with disabilities. The chapter also ... More


Ethical dilemmas in caring for people with complex disabilities

Keith Andrews

in Ethics: Contemporary challenges in health and social care

Published in print:
2007
Published Online:
March 2012
ISBN:
9781861347558
eISBN:
9781447302216
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861347558.003.0016
Subject:
Social Work, Health and Mental Health

This chapter examines ethical dilemmas in caring for people with complex disabilities. Complex disabilities can result in a diverse range and combination of physical, cognitive, and behavioural ... More


The implications of the Mental Capacity Act (MCA) 2005 for advance care planning and decision making

Simon Chapman and Ben Lobo

in Advance Care Planning in End of Life Care

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198802136
eISBN:
9780191840548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198802136.003.0011
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making

This chapter provides an overview of the MCA’s impact on end-of-life care. It situates the MCA in the current context of policy and practice. It describes how the MCA can be used to improve care, ... More


Howard Andrew Knox: Pioneer of Intelligence Testing at Ellis Island

John Richardson

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231141680
eISBN:
9780231512114
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231141680.001.0001
Subject:
Psychology, Cognitive Psychology

Howard Andrew Knox (1885–1949) served as assistant surgeon at Ellis Island during the 1910s, administering a range of verbal and nonverbal tests to determine the mental capacity of potential ... More


Depression and Consent to Treatment: The Limits of a Capacity-based Approach

Mary Donnelly

in Depression: Law and Ethics

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198801900
eISBN:
9780191840456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198801900.003.0018
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the law’s approach to decision-making capacity in the context of severe depression, with particular emphasis on decisions in respect of treatment (both treatment for the ... More


Perceptual Knowledge and Gettier Cases

Susanna Schellenberg

in The Unity of Perception: Content, Consciousness, Evidence

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198827702
eISBN:
9780191866784
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827702.003.0010
Subject:
Philosophy, Metaphysics/Epistemology

Chapter 9 exploits the consequences of capacitism for a view of perceptual knowledge. It argues that while factive evidence is sufficient evidence for knowledge, phenomenal evidence is not. In ... More


Scaffolding on Core Cognition

Christophe Heintz

in Developing Scaffolds in Evolution, Culture, and Cognition

Published in print:
2013
Published Online:
May 2014
ISBN:
9780262019552
eISBN:
9780262314787
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262019552.003.0010
Subject:
Biology, Evolutionary Biology / Genetics

Culture is scaffolded not only by external artifacts and social institutions but also by innate mental skills and abilities that constitute core cognition Most theories of cultural change have paid ... More


Financial elder abuse

Mary Gilhooly, Deborah Kinnear, Miranda Davies, Kenneth Gilhooly, and Priscilla Harries

in The New Dynamics of Ageing Volume 2

Published in print:
2018
Published Online:
January 2019
ISBN:
9781447314783
eISBN:
9781447314806
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447314783.003.0004
Subject:
Sociology, Gerontology and Ageing

This chapter examines the possibilities of the ‘bystander intervention model’ to explore the decision making of health and social care professionals when detecting and attempting to prevent financial ... More


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