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O'Neill, Nick; Peisah, Carmelle --- "Title Page and Table of Contents" [2011] SydUPLawBk 1; in Capacity and the Law (2011)

Capacity and the Law


Nick O’Neill

LLB(Melb), LLM(Lond)

Australian Lawyer

Professorial Visiting Fellow, Faculty of Law, UNSW

formerly President, Guardianship Tribunal, NSW


Carmelle Peisah


Old Age Psychiatrist

Conjoint Associate Professor, School of Psychiatry, Faculty of Medicine, UNSW

formerly Professional Member, Guardianship Tribunal, NSW

Published by Sydney University Press in co-operation with the Australian Legal Information Institute (AustLII), September 2011

Last updated: September 2011

Note: Capacity and the Law (Second Edition) is now available.

Table of Contents


Part 1 - Capacity and its attributes in action

Chapter 1 – What is capacity?

Chapter 2 –Decision-making and relationships

Chapter 3 – Capacity and contracts and gifts during lifetime

Chapter 4 – Capacity and wills

Part 2 - Substitute decision-makers appointed by tribunals and courts

Chapter 5 – The development of modern guardianship

Chapter 6 – Guardianship

Chapter 7 – The functions of a guardian

Chapter 8 – Administration/financial management

Part 3 - Appointing one’s own substitute decision-maker

Chapter 9 – Enduring guardianship

Chapter 10 – Enduring powers of attorney

Part 4 - Substitute decision-making for the medical treatment of incapable people, including treatment and care at the end of their lives

Chapter 11 – The development of the law relating to the medical treatment of incapable people

Chapter 12 – Substitute consent to medical and dental treatment

Chapter 13 – Advance Directives

Chapter 14 – The proper practice and law relating to decision-making about treatment and care at the end of life

Chapter 15 – Sterilisation

Chapter 16 – Capacity to consent to research

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