イギリスの成年後見制度にみる市民社会の構想1)
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概要
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In this paper, I will explore the new roles of families, Civil Society andthe State in the contemporary Adult Guardianship System. In the last 10years, a theoretical change—most importantly, from the “substitutedjudgment” approach to the“ supported decision-making” approach—hasbeen emerging in many places such as the UK, Canada and Australia, andmore countries are now trying to follow their example. The importance ofempowering people with limited mental capacity towards their owndecision-making is now becoming recognised in many jurisdictions.In this culture of new individualism, families occupy different places thanbefore. It is now considered that families exist outside the realm of theperson him/herself. This means that families are not automatically treatedas natural advocates of other family members simply because of theirrelation, by birth or marriage, to the person. Families should be chosen bythe person formally, or they should be given legal authority to providesupport to the person as far as they do not infringe on the autonomy or thedignity of the person concerned. It might be said that, under thecontemporary Adult Guardianship System, families can be a part of thecaring society which maintains an alertness to the welfare of its members.The concept of Civil Society is showing its appearance here.Through an analysis of the Mental Capacity Act 2005 in the UK, I willclarify the possibilities for establishing the mechanism of mutual support,whether or not we stay within the families or local communities. I willconclude that, under the contemporary Adult Guardianship System, thefocus should be placed on WHO ARE THE BEST PROVIDERS of “PERSONALISED” SUPPORT rather than who are the easiest providersof “uniform” support imposing the least cost on the shoulders of the State.
- 2011-02-25