Submission to the New South Wales Law Reform Commission Inquiry into the Guardianship Act 1987 (NSW): Question Paper 1 - Preconditions for Guardianship

Pia Castelli-Arnold, Meredith Blake, Craig Sinclair, Sue Field, Cameron Stewart, Sascha Callaghan, Meera Agar, Susan Kurrle, Kathy Williams, Romola Bucks, Josephine Clayton, Kirsten Auret, Helen Radoslovich, Karla Seaman, Pippa Cebis, Rebecca Forbes, Meredith Gresham

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Abstract

This submission focuses on the guardianship regime in New South Wales and is concerned with the implications of that regime for the ageing population, specifically those living with dementia. We do so with reference to the norms outlined in the Convention on the Rights of Persons with Disabilities (CRPD) and the decision-making principles enunciated in the ALRC Report on Equality, Capacity and Disability in Commonwealth Laws (ALRC Report). The submission draws on comparative analysis of legislation and case law, and recommends a number of changes to the existing legislation. These are aimed at avoiding discrimination on the basis of disability, preferring functional approaches to capacity assessment, and considering the necessity of guardianship in the context of a person's existing supports.
Original languageEnglish
TypeInvited submission to the New South Wales Law Reform Commission's 2016-2017 Review of Guardianship Act 1987 (NSW)
Media of outputWebpage
PublisherNew South Wales Law Reform Commission
Number of pages7
Publication statusPublished - 17 Oct 2016

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    Castelli-Arnold, P., Blake, M., Sinclair, C., Field, S., Stewart, C., Callaghan, S., Agar, M., Kurrle, S., Williams, K., Bucks, R., Clayton, J., Auret, K., Radoslovich, H., Seaman, K., Cebis, P., Forbes, R., & Gresham, M. (2016, Oct 17). Submission to the New South Wales Law Reform Commission Inquiry into the Guardianship Act 1987 (NSW): Question Paper 1 - Preconditions for Guardianship. New South Wales Law Reform Commission. http://www.lawreform.justice.nsw.gov.au/Documents/Current-projects/Guardianship/Submissions/GA14.pdf