Seattle University Collaborative Projects - International Academy of ...

performing forensic evaluations in the context of civil litigation after a youth's suicide in whichbullying may have played a role. This presentation will examine some of the challengesassociated with post hoc suicide forensic evaluations where bullying is cited as a "causative"factor.20. Capacity and IncapacityA Therapeutic Approach to Assessing Competence and Capacity in the Contextof Testamentary, Enduring Power of Attorney and Advance Care DirectiveDocuments in AustraliaKelly Purser, Queensland University of Technology (k.purser@qut.edu.au)Jeanne Madison, University of New England (jmadison@une.edu.au)Eilis Magner, University of New England (emagner@une.edu.au)Australia lacks a satisfactory, national paradigm for assessing competence and capacity in thecontext of testamentary, enduring power of attorney and advance care directive documents.Competence/capacity assessments are currently conducted on an ad hoc basis by legal and/ormedical professionals. The reliability of the assessment process is subject to the skill set andmutual understanding of the legal and/or medical professional conducting the assessment. Thereis a growth in the prevalence of diseases such as dementia. Such diseases impact upon cognitionwhich increasingly necessitates collaboration between the legal and medical professions whenassessing the effect of mentally disabling conditions upon competency/capacity.Miscommunication and lack of understanding between legal and medical professionals involvedcould impede the development of a satisfactory paradigm. A qualitative study seeking the viewsof legal and medical professionals who practise in this area has been conducted. Thisincorporated surveys and interviews of 10 legal and 20 medical practitioners. Some of the resultsare discussed here. Practitioners were asked whether there is a standard approach and whethernational guidelines were desirable. There was general agreement that uniform guidelines for theassessment of competence/capacity would be desirable. The interviews also canvassed views asto the state of the relationship between the professions. The results of the empirical researchsupport the hypothesis that relations between the professions could be improved. Thedevelopment of a national paradigm would promote consistency and transparency of process,helping to improve the professional relationship and maximising the principles of autonomy,participation and dignity.Addressing a Lack of Mental Capacity: Courts Authorising the Making of Willsfor Living but Incapacitated Persons in AustraliaFiona Burns, University of Sydney (fiona.burns@sydney.edu.au)54