Mental Capacity

Powers of Attorney and Advance Health Directives

By Berna Collier, Chris Coyne and Karen Sullivan


When is a person in a fit state to execute an enduring power of attorney or an advance health directive? The complex mix of legal, medical and ethical issues continue to provide difficult, practical issues for individuals, their professional advisers, their families, and the courts and tribunals. This cross-disciplinary book analyses the law and the medical and psychological perspectives and includes case studies to highlight problems and suggest ways of resolution.

Mental Capacity:

  • Provides an overview of the framework of law within Australia.
  • Focuses on the law as it currently stands in relation to assessing mental capacity, including a consideration of the interaction between legal and medical standards.
  • Analyses the importance and difficulties of defining and judging capacity in the medical context.
  • Examines best practice in relation to health based competency assessments.
  • Looks at the role of the neuropsychologist in determining the extent and characteristics of cognitive impairment.

Published 8 April 2005
Publisher The Federation Press
ISBN 9781862874268
Australian RRP $60.00
International Price $55.00