8: Capacity, Participation and Values in Australian Guardianship Laws

Author:
Cameron Stewart
Publication Date:
31 May 2023
Pages:
120–142
DOI:
https://doi.org/10.51952/9781529224474.ch008
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This chapter examines the history of guardianship in Australia and the role of values and participation in Australian guardianship laws. The chapter postulates that there are three generations of Australian guardianship laws, the most recent of which is specifically designed around the Convention on the Rights of Persons with Disabilities. The implementation of that convention has been haphazard, but the chapter argues that guardianship authorities have, in the absence of clear legislative adoption, created policy frameworks that incorporate and promote the will and preferences of the person under guardianship. This suggests that in Australia policies and guidelines are as important as formal laws for ensuring that the will and preference of people with disabilities are given paramountcy in decision making.

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