Mental Capacity Law in New Zealand

Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings.

General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).

The early chapters of the book discuss important general concerns relevant to these capacity matters, including ethical, Maori, clinical, and human rights concerns. The next section discusses various sources of authority or justification that proxy decision-makers can rely upon when they act on anothers behalf. Further sections then address these capacity questions in more specific contexts, including making decisions about ones personal care and welfare, making a will, and managing ones property. The Protection of Personal and Property Rights Act 1988 (the PPPRA) is prominent in the discussion as the single most important piece of legislation in the field.

Written in an accessible style the book is intended to be useful to those who need a reference work on key areas of mental capacity law and for those who need to dip into parts that are relevant to them and their practice (whether legal or clinical).

Although the book is mainly aimed at judges, lawyers and law students, it will be useful to all health professionals who deal with mental capacity issues as part of their practices.

Featured in the 19 August 2019 New Zealand newsletter.
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