title: Evaluation of legal capacity by doctors and lawyers: the need for collaborative assessment.
abstract: Balancing the interests of individual autonomy and protection is an escalating challenge confronting an ageing Australian society. One way this is manifested is in the current ad hoc and unsatisfactory way that capacity is assessed in the context of wills, enduring powers of attorney and advance health directives. The absence of nationally accepted assessment guidelines results in terminological and methodological miscommunication and misunderstanding between legal and medical professionals. Expectations between legal and medical professionals can be clarified to provide satisfactory capacity assessments based on the development of a sound assessment paradigm.
authors.affiliation: Faculty of Law, Queensland University of Technology, Brisbane, QLD, Australia. k.purser@qut.edu.au.
authors.forename: Kelly J
authors.initials: KJ
authors.lastname: Purser
authors.affiliation: Faculty of Medicine, University of New South Wales, Sydney, NSW, Australia.
authors.forename: Tuly
authors.initials: T
authors.lastname: Rosenfeld
mesh_terms: D016223:Advance Directives / Q000331:legislation & jurisprudence*; D001315:Australia; D003657:Decision Making; D006301:Health Services Needs and Demand / Q000331:legislation & jurisprudence*; D006801:Humans; D033241:Lawyers / Q000331:legislation & jurisprudence*; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000331:legislation & jurisprudence*