Adults, mental illness and incapacity
Convergence and overlap in legal regulation
Bibliographic Data
| ID | 12284374 |
|---|---|
| Authors | Peter Bartlett (0000-0002-2145-8876, University of Nottingham, corresponding author) |
| Year | 2003 |
| Volume | 25 |
| Issue | 4 |
| Pages | 341-353 |
| Publication date | 2003-12-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Social Welfare Law (JOURNAL) |
| Journal identifiers | ISSN: 0141-8033 • E-ISSN: 1469-9621 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/0141803032000168355 |
| OpenAlex | W2094875947 |
| Language | EN |
| Citations received | 1 |
While not entirely congruent, there will be substantial overlap between the classes of individuals governed by the proposed Mental Incapacity and Mental Health Acts, and by the court's inherent jurisdiction. This paper argues that the mental health proposals are procedurally strong but substantively weak, while the incapacity reforms are, largely, the reverse. For individuals who may be subject to either legal régime, therefore, the safeguards of one statute may be avoided by resort to the other. Lying across both reforms is the court's inherent jurisdiction. It remains to be seen whether or how the scope of this jurisdiction will be developed in the event that the legislative reforms are passed
Economics · Health care · Jurisdiction · Law and economics · Legal guardian · Legislature · Mental health · Mental health law · Mental illness · Political science · Psychiatry · Scope (computer science · Statute · Healthcare Decision-Making and Restraints · Healthcare innovation and challenges · Law · Legal Systems and Judicial Processes · Psychology
| Citations per year | 0.05 |
|---|---|
| Citation span | 2007 - 2007 (1) |
| Highly cited | No |