Supporting decision-making of adults with cognitive disabilities: The role of Law Reform Agencies – Recommendations, rationales and influence

In the 10 years since Australia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the issue of the indefinite detention of persons with cognitive disabilities found unfit to stand trial has received considerable attention. Concerns have been raised by national media, law reform bodies and United Nations human rights agencies. Yet there remain few examples of formal change to unfitness to stand trial laws in Australia. This article focuses on the role of procedural accommodations in meeting CRPD requirements, and other accessibility measures to ensure accused persons with cognitive disabilities are able to take part in criminal proceedings on an equal basis with others. It examines support measures that appear in existing statute and case law within Australia and considers the need to develop new forms of support.

Download Full-text

Supporting People with Cognitive Disabilities with Decision-making: Any Australian Law Reform Contributions?

Research and Practice in Intellectual and Developmental Disabilities ◽

10.1080/23297018.2015.1020852 ◽

2015 ◽

Vol 2 (1) ◽

pp. 6-16 ◽

Cited By ~ 3

Author(s):

Terry Carney

Keyword(s):

Decision Making ◽

Cognitive Disabilities ◽

Law Reform

Download Full-text

Supported decision-making in Australia: Meeting the challenge of moving from capacity to capacity-building?

Law in Context. A Socio-legal Journal ◽

10.26826/law-in-context.v35i2.12 ◽

2017 ◽

Vol 35 (2) ◽

pp. 44-63

Author(s):

Terry Carney

Keyword(s):

Decision Making ◽

Current Control ◽

Law Reform ◽

Control Group ◽

Persons With Disabilities ◽

Group Evaluation ◽

Training Materials ◽

Methodological Rigor ◽

A Current

Supported decision-making models are widely commended, but legislation is scant; and, while various programs of decision-making support have been tried, evaluations are few and methodological rigor is largely absent. This article reviews Australian law and practice, law reform proposals, and trials of decision support programs, to assess what has been achieved so far in realising the aspirations of the Convention on the Rights of Persons with Disabilities of providing 'support' with 'safeguards'. Taking the example of a current control group evaluation of impacts of experientially derived training materials for supporters, the article discusses the role of evidence-based approaches to transitioning from substitute to supported decision-making through capacitybuilding programs for supporters of people with cognitive impairments.

Download Full-text

Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

Behavioral and Brain Sciences ◽

10.1017/s0140525x18000274 ◽

2018 ◽

Vol 41 ◽

Author(s):

Kevin Arceneaux

Keyword(s):

Decision Making ◽

Individual Differences ◽

Cognitive Processes ◽

Evolutionary History ◽

Behavioral Responses ◽

History Of ◽

Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

Download Full-text

The Role of Shared Decision-Making in Audiologic Rehabilitation

Perspectives on Aural Rehabilitation and Its Instrumentation ◽

10.1044/arri21.1.15 ◽

2014 ◽

Vol 21 (1) ◽

pp. 15-23 ◽

Cited By ~ 6

Author(s):

Helen Pryce ◽

Amanda Hall

Keyword(s):

Decision Making ◽

Shared Decision Making ◽

Behavior Changes ◽

Shared Decision ◽

Patient Centered ◽

Treatment Information ◽

Centered Care ◽

Potential Risks ◽

Audiologic Rehabilitation

Shared decision-making (SDM), a component of patient-centered care, is the process in which the clinician and patient both participate in decision-making about treatment; information is shared between the parties and both agree with the decision. Shared decision-making is appropriate for health care conditions in which there is more than one evidence-based treatment or management option that have different benefits and risks. The patient's involvement ensures that the decisions regarding treatment are sensitive to the patient's values and preferences. Audiologic rehabilitation requires substantial behavior changes on the part of patients and includes benefits to their communication as well as compromises and potential risks. This article identifies the importance of shared decision-making in audiologic rehabilitation and the changes required to implement it effectively.

Download Full-text