Literature Review on Provision of Appropriate and Accessible ...

PAGE 124
Legal
aspect
Test of
capacity
Ireland United Kingdom Australia
Diagnostic Functional concept Functional
<strong>Literature</strong> approach <strong>Review</strong> on Provision of lack of of capacity Appropriate to approach; and Accessible lower
Support to People with an Intellectual Disability who are
fulfilling a consent in relation standard of
Experiencing Crisis Pregnancy
protective to persons with a knowledge than
function; a mental disorder is necessary for
person lacks involving an absence informed consent
capacity if of ‘sufficient to therapeutic
she/he cannot understanding of treatment and
lead an the nature of the also lower than
independent act and reasonably most American
life or guard foreseeable states (Graydon,
against serious consequences’* 2006)
exploitation or an inability
to communicate
choice; considered
to be a less
stringent test and
therefore, provides
more autonomy
* Includes knowing sex is different from personal care and can lead to pregnancy
and to sexually transmitted diseases.