https://austlii.community/foswiki/Books/CapacityAndTheLaw The Books/CapacityAndTheLaw web of AustLII Communities. Capacity and the Law en-us Copyright 2026 by contributing authors Wiki Administrator [wiki@austlii.edu.au] The contributing authors of AustLII Communities AustLII Communities https://austlii.community/foswiki/Books/CapacityAndTheLaw https://austlii.community/foswiki/pub/System/ProjectLogos/AustLII_red_50x230.jpg https://austlii.community/foswiki/Books/CapacityAndTheLaw/WebHome Capacity and the Law Capacity and the Law 2021 Edition{{This edition includes all 2021 updates to the third edition O’Neill N, Peisah C. Capacity and the law. ... (last changed by JenniferKwong) 2021-12-14T13:02:23+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter13 Chapter 13 Advance Directives , . 13.1 Introduction As was discussed in Chapter 11, with the development of the concept of patient autonomy and, in particular,... (last changed by JenniferKwong) 2021-07-28T14:20:31+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter12 Chapter 12 Substitute Consent to Medical and Dental Treatment , . 12.1 Introduction The judges in the common law world have not developed a regime for substitu... (last changed by JenniferKwong) 2021-07-28T14:19:57+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter11 Chapter 11 The Development of the Law Relating to Medical Treatment of Incapable People and . 11.1 Introduction Australia and the common law world generally a... (last changed by JenniferKwong) 2021-07-28T14:19:49+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter10 Chapter 10 Enduring powers of attorney , . 10.1 Introduction In 1925 in Tasmania a woman gave her nephew a power of attorney to empower him to manage her affai... (last changed by JenniferKwong) 2021-07-28T14:16:52+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter9 Chapter 9 Enduring guardianship , . 9.1 Introduction This chapter describes key aspects of the power, given in differing ways and to different extents in State... (last changed by JenniferKwong) 2021-07-28T14:16:09+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter8 Chapter 8 Administration/financial management , . 8.1 Introduction Central to the modern guardianship and administration of estates systems in Australia is the... (last changed by JenniferKwong) 2021-07-28T14:15:36+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter7 Chapter 7 – The functions and powers of guardians and . 7.1 Introduction This chapter sets out the functions or powers given to guardians by legislation in the ... (last changed by JenniferKwong) 2021-07-28T14:14:59+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter6 Chapter 6 Guardianship and . 6.1 Introduction The development of the modern system of guardianship for adults with decision making disabilities in Australia i... (last changed by JenniferKwong) 2021-07-28T14:13:54+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter5 Chapter 5 The Development of Modern Guardianship and Administration and . 5.1 What this chapter is about This chapter deals briefly with the development in En... (last changed by JenniferKwong) 2021-07-28T14:13:15+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter4 Chapter 4 Capacity and wills and . 4.1 Introduction As our society becomes richer and more and more people have real and personal property to leave when they ... (last changed by JenniferKwong) 2021-07-28T14:12:06+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter3 Chapter 3 – Incapacity and contracts and gifts during lifetime and . 3.1 Introduction In this chapter we will deal with capacity to enter contracts and related ... (last changed by JenniferKwong) 2021-07-28T14:11:34+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter2 Chapter 2 Decision making and relationships and . 2.1 Introduction Decisions are rarely made in an interpersonal vacuum. This is the basis of the concept of r... (last changed by JenniferKwong) 2021-07-28T14:10:09+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter1 Chapter 1 What is capacity? and . 1.1 Introduction The field of capacity and decision making is a truly “medico legal” field, representing an interface between... (last changed by JenniferKwong) 2021-07-28T14:09:06+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter17 Chapter 17 Capacity and the right to refuse psychiatric treatment and . 17.1 Introduction As was noted in Chapter 12, subject to some exceptions, adults canno... (last changed by JenniferKwong) 2021-07-28T14:08:38+10:00 JenniferKwong https://austlii.community/foswiki/Books/CapacityAndTheLaw/Chapter18 Chapter 18 Professional Capacity , . 18.1 Introduction We use the term professional capacity in this text to refer to an individual’s fitness or competence to ... (last changed by JenniferKwong) 2021-07-28T14:08:15+10:00 JenniferKwong