Recognising the need for a formal resolution on the procedures to protect the mentally disabled,
Understanding that there are multiple levels of of Mental Disability
Therefore Defining,for the purposes of this act, a Mentally Disabled person to be a sapient individual, above the age of majority, whose sapience has been reduced to the point where any two or more of the following are significantly reduced:
- The ability to understand their rights
- Their ability to defend their rights to the same extent as the average citizen in their nation
- Their ability to exercise their rights
- Their ability to make informed decisions regarding their health and safety
Defines a Responsible Adult as one of the following
- A preferred Responsible Adult, nominated by the person before they become disabled, will be the first person requested to become the Responsible Adult, but only if they can prove that they have no conflict of interest
- A member of the Disabled Person's family, who can legally establish that they have no conflict of interests
- In lieu of a suitable candidate, a representative, independent of the national government, must be selected, who must also pass a test of conflict of interest.
Restricts the power of Attorney given to the Responsible Adult to the least possible in the circumstances
Urges the states to use this legislation as a matter of last resort, and to consider all alternatives before transferring a persons authority to another.
Urges the states using this legislation to work towards a position whereby a Disabled Person's authority is returned to them at the earliest possible juncture
Mandates the creation of a commission to monitor states for abuse of this legislation
Category Human Rights
Strength medium
As a second attempt at a first WA proposal, I think this is slightly better. Less controversial at least
I would appreciate as much help with this as possible