scholarly journals Vulnerability and Volition in the Testamentary Law of Undue Influence and Captation

2021 ◽  
Vol 51 (1) ◽  
pp. 67-95
Author(s):  
Angela Campbell
Keyword(s):  
Common Law ◽  
The Elderly ◽  
Social Identities ◽  
Undue Influence ◽  
Persons With Disabilities ◽  
Civil Code Of Quebec ◽  
Legal Outcomes ◽  
Vulnerability Theory ◽  
Judicial Scrutiny ◽  
Law Of Succession

This article examines how contemporary analyses of vulnerability theory are reflected in legal approaches to undue influence and captation in the Canadian common law of wills and estates and in the Civil Code of Québec in the law of succession. Critical theorists point to the risks of assuming that vulnerability lies exclusively with the elderly and persons with disabilities. The equation risks oversimplifying matters, which could compromise the equality and dignity of members of these groups. There is also a risk of overlooking the harm that may be suffered by those who are victims of social or economic oppression. A more nuanced approach posits that vulnerability is a common human trait that cuts across social identities and experiences. Due to prevailing assumptions about vulnerability, this article hypothesizes that challenges to wills based on undue influence and captation will most often occur when the testator is elderly and/or has a disability at the time of execution of the will. Canadian common law and Quebec civil law jurisprudence are examined to assess this hypothesis. This analysis reveals that certain conditions do give rise to triggers heightened judicial scrutiny of wills, but that they do not in and of themselves determine legal outcomes. The case law thus suggests a moderate—but tempered—risk that courts will draw presumptions about age and capacity when assessing the presence of undue influence or captation. Perhaps more significant is the absence of challenges to wills involving young and healthy testators. Jurists might therefore wonder whether we are at risk of overlooking some cases of untoward conduct due to the conceptual associations we make between age, incapacity and vulnerability.

scholarly journals A Survey of Robots in Healthcare

Technologies ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 8 ◽  
Author(s):  
Maria Kyrarini ◽  
Fotios Lygerakis ◽  
Akilesh Rajavenkatanarayanan ◽  
Christos Sevastopoulos ◽  
Harish Ram Nambiappan ◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
State Of The Art ◽  
The Elderly ◽  
Robotic Systems ◽  
Care Hospital ◽  
Robotic Technology ◽  
Persons With Disabilities ◽  
Survey Paper ◽  
Recent Advances ◽  
Art Research

In recent years, with the current advancements in Robotics and Artificial Intelligence (AI), robots have the potential to support the field of healthcare. Robotic systems are often introduced in the care of the elderly, children, and persons with disabilities, in hospitals, in rehabilitation and walking assistance, and other healthcare situations. In this survey paper, the recent advances in robotic technology applied in the healthcare domain are discussed. The paper provides detailed information about state-of-the-art research in care, hospital, assistive, rehabilitation, and walking assisting robots. The paper also discusses the open challenges healthcare robots face to be integrated into our society.

The Privilege of Information—An Examination of the Defence of Therapeutic Privilege and its Implications for Pregnant Women

2021 ◽  
Author(s):  
Aoife M Finnerty
Keyword(s):  
Pregnant Women ◽  
Postpartum Period ◽  
Patient Autonomy ◽  
Common Law ◽  
Case Law ◽  
England And Wales ◽  
Judicial Scrutiny ◽  
Therapeutic Privilege ◽  
Professional Guidelines ◽  
In Pregnancy

Abstract Though apparently in existence across common law countries, the defence of ‘therapeutic privilege’ receives scant judicial analysis in case law. The extent of its reach is unclear and its underpinning justification is shaky. Often it forms a throwaway remark or poorly explored caveat when the duty of a physician to disclose information is being examined, rather than receiving any detailed judicial scrutiny in its own right. Furthermore, despite references to it in case law, it is questionable if it has ever successfully been invoked as a defence in either England and Wales or Ireland. This piece examines this lack of clarity and the often-vague references to the existence of therapeutic privilege in both case law and professional guidelines, followed by a consideration of why the defence may be particularly problematic and unjustified in the context of childbirth and the immediate postpartum period. Considering the dangers of therapeutic privilege in pregnancy presents a timely opportunity to examine the issues with the use of the defence in all other healthcare contexts, focusing particularly on its impact on individual patient autonomy. Finally, this piece concludes by contending that therapeutic privilege ought to be abolished, if it truly exists at all.

The Mental Capacity Act 2005 best interests test as applied to the elderly – is it fit for purpose?

2018 ◽  
Vol 86 (3) ◽  
pp. 142-146
Author(s):  
Emma M Szelepet
Keyword(s):  
The Elderly ◽  
Mental Capacity ◽  
The Body ◽  
Best Interests ◽  
Human Flourishing ◽  
Undue Influence ◽  
Mental Capacity Act 2005 ◽  
Physical Risk ◽  
Fit For Purpose ◽  
Mental Capacity Act

The Mental Capacity Act 2005 (‘MCA’) sets out a regime which governs the making of decisions for people who lack mental capacity. Acts must be carried out, and decisions made, for such an incapacitated person, based on what is in her best interests (section 4 MCA). In this paper, I consider the body of post-MCA case law which applies the MCA best interests test to decision-making for elderly people, in various contexts. Is the best interests test ‘fit for purpose’ for the vulnerable elderly? The key aims of Parliament in introducing the test seem to have been empowerment, protection and support – and alertness to undue influence – as well as a balance between the objective and subjective viewpoints. Laudable attempts have been made by some judges, applying the MCA, to pay real heed to the patient's wishes and values, and to balance physical risk with welfare and happiness. However, it is not yet clear in my view that the new regime fully achieves Parliament’s aims. Indeed, these aims themselves should be expanded; the law in this area should also promote the significance and value of advanced years and should recognise Aristotle's concept of ‘human flourishing’ in old age. Consideration should be given to amending the MCA, adding guidance specifically for the elderly and also to introducing a Convention of Human Rights for the older person and to creating a new statutory Older Persons’ Commissioner and/or a cabinet-level Minister for Ageing and Older People.

scholarly journals SPECIFICS OF THE CRISIS OF ADOLESCENCE PERSONS WITH DISABILITIES OF INTELLECTUAL DEVELOPMENT

2021 ◽  
Vol 1 (13) ◽  
pp. 30-38
Author(s):  
Olha A. Vovchenko
Keyword(s):  
Intellectual Disabilities ◽  
Intellectual Development ◽  
Interpersonal Relations ◽  
Psychological Testing ◽  
The Elderly ◽  
Emotional Awareness ◽  
Testing Procedure ◽  
Persons With Disabilities ◽  
Self Image ◽  
People With Intellectual Disabilities

The article outlines the psychological features of the age period, which is determined by the scientific category as an “adolescent crisis”. The problem of the adolescent crisis has been revealed in people with intellectual disabilities. The importance and relevance of the study is revealed first, due to the difficulties of adolescence: its dynamism, ambiguity, lack of emotional stability of the individual; secondly, due to the specifics of personality formation with intellectual disabilities; thirdly, the need to further develop effective psychological support for adolescents with intellectual disabilities. The aim of the article was to study and experimentally test the specifics of the emotional crisis of adolescence in people with intellectual disabilities. The purpose was provided by solving the following tasks: stating the peculiarities of the adolescent crisis in people with intellectual disabilities; determining the state of formation of “I-concept” and “self-image” of adolescents with intellectual disabilities; establishing the specifics of behavioral reactions and interaction of the adolescent with others (peers, the elderly) in conditions of experiencing an age crisis. Moreover, the author conducted a psychological testing procedure to study the peculiarities of the formation of the personality of a teenager with intellectual disabilities during the age crisis (adolescent crisis). M. Kuhn’s psychological testing method “Who am I?”, T. Leary’s method of diagnostics of interpersonal relations were used; conversations, observations. The purpose of using these techniques was to determine the self-image, self-presentation, self-perception and self-esteem of adolescents with intellectual disabilities. According to the results of the study, it was found that adolescents with intellectual disabilities have a process of self-knowledge and understanding of their own “I”, internal mental acts and states are underdeveloped or absent. This complicates the process of experiencing an adolescent’s crisis. As evidenced by the low level of recognition and differentiation of emotions, emotional awareness, management of their own emotions. Also critical are difficulties with the adequate expression of emotions in accordance with the situation that determines them, in particular with the manifestation and control of anger, rage, aggression and other. The further directions of research of formation of the person with infringements of intellectual development in adolescent age are outlined.

scholarly journals DeCovidation = Deinstitutionalization. Independent Living and Inclusion in the Community

2020 ◽  
Vol 21 ◽  
pp. 26-36
Author(s):  
Rasa Genienė
Keyword(s):  
Content Analysis ◽  
United Nations ◽  
Eastern Europe ◽  
Independent Living ◽  
Central And Eastern Europe ◽  
The Elderly ◽  
Soviet Regime ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations

The global coronovirus (Covid-19) pandemic has been revealed what about half of the world’s deaths are recorded in large institutions of the elderly and people with disabilities, and these are later thought to be incentives for states to take active deinstitutionalisation efforts. In order for deinstitutionalisation actions to respond to its ideological origins, which lie in the provisions of the United Nations Convention on the Rights of Persons with Disabilities, in the necessary legal instruments and in clarifying that Member States are responsible. The article reveals how the deinstitutionalisation processes that have already started are implemented and evaluated in Central and Eastern Europe and discusses their problems. Content analysis was used to investigate the Soviet regime, leading to the implementation of official and alternative (shadow) reports on the United Nations Convention on the Rights of Persons with Disabilities.

A Conceptual Framework for the Ethical Evaluation of Supported Decision-Making

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 159-160
Author(s):  
Matthé Scholten ◽  
◽  
Jakov Gather ◽  
Jochen Vollmann ◽  
◽  
...  
Keyword(s):  
Decision Making ◽  
Conceptual Framework ◽  
Ethical Issues ◽  
Plain Language ◽  
Undue Influence ◽  
Persons With Disabilities ◽  
Ethical Evaluation ◽  
Process Support ◽  
Wide Range ◽  
Outsourcing Decision

"Background: Supported decision-making (SDM) refers to all types of interventions support persons with impaired decision-making capacity (DMC) in making informed treatment decisions. It encompasses a wide range of interventions, such as enhanced consent procedures, elaborated plain language and involvement of family, friends or peers in the informed consent process. Empirical research showed that SDM can enhance DMC. The UN Convention on the Rights of Persons with Disabilities, which has been ratified by 180 states parties to date, pronounces in article 12(3) that “states parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.” At the same time, medical ethicists and legal scholars have raised the concern that persons with impaired DMC are more likely to become subject to undue influence under SDM arrangements. Objectives: The aim of this presentation is to provide a conceptual framework to facilitate an ethical evaluation of various forms of supported decision-making. Methods: Empirically informed conceptual analysis. Various SDM interventions are analyzed. Findings: It is necessary to distinguish between input, process and output support. Input support involves influencing factors that are negatively correlated with DMC; process support involves interpreting a person’s preferences and carrying out intellectual processing; and output support involves enabling a person to communicate decisions to others. Conclusion: Most forms of input and output support are promising, but ethical issues in relation to framing and interpersonal leverage must be addressed. Forms of process support that involve “outsourcing” decision-making capacities are ethically problematic. "

scholarly journals Service Learning on Inclusive Design: Sidewalk Redesign for Siwalankerto, Surabaya, Indonesia

2018 ◽  
Vol 59 ◽  
pp. 01013
Author(s):  
Gunawan Tanuwidjaja ◽  
Claudia Levina ◽  
Cynthia Tandiono ◽  
Christian Tandiono
Keyword(s):  
Service Learning ◽  
Research Program ◽  
Low Vision ◽  
The Elderly ◽  
Inclusive Design ◽  
Literature Study ◽  
Persons With Disabilities ◽  
Wheelchair Users ◽  
Public Facilities ◽  
Vision Disability

Public facilities and transportation infrastructure were very important for all residents including Persons with Disabilities (PwDs). Sidewalk should be safe and easy to use for all kind of users, ranging from the elderly, children, and the PwDs including wheelchair users, visual impairment, low vision disability, etc. The sidewalk should be safe, which means it should be inclusive yet also meets the standards. The Service Learning and research program in Petra Christian University’s Architecture Program was conducted with literature study, observation, discussion and interviews with users at Siwalankerto street’s sidewalks. The design would be implemented in Petra's area in the following year.

Sign in / Sign up

Export Citation Format

Share Document