This essay considers the question whether the family group conference should be introduced as a new and additional means of decision-making in New Zealand’s adult guardianship law. Currently the Family Law knows the family group conference only in another context: When there are special problems with children the Children, Young Persons and Their Families Act 1989 gives the family as a group the authority to make decisions con-cerning the child. The question is whether this procedure is also suitable for decision-making on the affairs of adult family members who are not capable of leading their lives autonomously and cannot make their own deci-sions, for example because they suffer from mental disease or an intellectual handicap.
After providing an overview of the current adult guardianship law, its principles and shortcomings, the family group conference will be presented and discussed as it works under the Children, Young Persons, and Their Families Act 1989. The main part of this research paper, then, deals with the advantages and disadvantages of the family group model being introduced for matters of adult guardianship. It will be considered whether this decision-making model can cope with the shortcomings of the current system and whether it serves the guiding principles of adult guardianship law. Although family group conferences do not always work without problems, this essay recommends their introduction also for adults. The inclusion of the wider family in the decision-making process has many benefits for the concerned person, especially in terms of his or her best interest being realised. Besides, the family group model fits well into the current regime, serves its guiding principles, and is able to remedy the current system’s shortcomings. Hence, the decision by the family group is of additional value when dealing with the affairs of adults who are not able to make “healthy” decisions for themselves, and should therefore be introduced as an additional means of decision-making.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- THE CURRENT REGIME OF DECISION-MAKING IN ADULT GUARDIANSHIP LAW
- Decision-making Forums and Procedures under the Current Adult Guardianship Law
- The Family Court
- The Welfare Guardian (Personal Affairs)
- The Manager (Property Affairs)
- The Attorney with Enduring Powers
- The Principles of Decision-Making
- The Principle of Least Restrictive Intervention
- The Principle of Encouragement
- The Best Interest Principle
- Shortcomings of the Current System of Decision-Making
- THE FAMILY GROUP MODEL UNDER THE CHILDREN, YOUNG PERSONS, AND THEIR FAMILIES ACT 1989
- Procedure
- Effects of the Family Group Conference's Decision
- Participants of the Family Group Conference
- Principles of Decision-Making
- PROS AND CONS OF THE FAMILY GROUP CONFERENCE BEING INTRODUCED FOR THE AFFAIRS OF ADULT FAMILY MEMBERS
- Would the Introduction of the Family Group Model Equate the Shortcomings of the Current Adult Guardianship Law?
- Would the Introduction of the Family Group Model Serve the Principles of Adult Guardianship Law?
- Consideration of the Objections Against the Family Group Model As Such
- Concerns Against the Functioning of Family Group Conferences
- Concerns Against the Strong Role of the Co-ordinator
- HOW SHOULD THE FAMILY GROUP CONFERENCE WORK REGARDING THE AFFAIRS OF ADULT FAMILY MEMBERS?
- Administration
- Procedure
- Contents and Effects of the Family Group Conference's Decision
- Principles of Decision-making
- CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research paper explores the feasibility of incorporating the family group conference model into New Zealand's adult guardianship law. The paper examines the current decision-making processes within adult guardianship, highlighting its shortcomings. It then analyzes the family group conference model, as implemented under the Children, Young Persons, and Their Families Act 1989, exploring its potential strengths and weaknesses for application to adults. The paper aims to determine whether this model can address the limitations of the current adult guardianship system while remaining aligned with the principles of decision-making in this legal framework.- Comparison of decision-making processes in adult guardianship and the family group conference model.
- Evaluation of the strengths and weaknesses of the family group conference model for adults.
- Examination of the alignment of the family group conference model with the principles of adult guardianship.
- Assessment of the family group conference's ability to address the shortcomings of the current system.
- Analysis of the potential impact of introducing the family group conference model on the decision-making process for adults.
Zusammenfassung der Kapitel (Chapter Summaries)
- **Introduction:** This chapter establishes the context for the research by outlining the issue of decision-making in adult guardianship law and its implications for individuals who lack the capacity to make their own decisions. It introduces the family group conference model as a potential alternative or complementary approach to the current system.
- **The Current Regime of Decision-Making in Adult Guardianship Law:** This chapter provides a detailed overview of the existing legal framework for decision-making in adult guardianship, including the various forums, procedures, and guiding principles. It also highlights the identified shortcomings of the current system.
- **The Family Group Model under the Children, Young Persons, and Their Families Act 1989:** This chapter delves into the family group conference model as it functions under the Children, Young Persons, and Their Families Act 1989. It describes the procedures, decision-making processes, and principles involved, providing a comprehensive understanding of this model in the context of child welfare.
- **Pros and Cons of the Family Group Conference Being Introduced for the Affairs of Adult Family Members:** This chapter examines the potential benefits and drawbacks of applying the family group conference model to adults. It analyzes whether the model can effectively address the shortcomings of the current adult guardianship system and whether it aligns with the underlying principles of this legal framework.
- **How Should the Family Group Conference Work Regarding the Affairs of Adult Family Members?:** This chapter explores the potential implementation of the family group conference model in adult guardianship. It discusses practical considerations such as administrative procedures, the decision-making process, and the guiding principles that should be applied.
Schlüsselwörter (Keywords)
This research paper focuses on decision-making processes in adult guardianship law, analyzing the current legal framework, its limitations, and the potential benefits and drawbacks of introducing the family group conference model. The paper highlights the importance of considering the best interests of individuals who are unable to make their own decisions, and emphasizes the role of cultural diversity, particularly in relation to Maori culture. Key terms and concepts include: adult guardianship, decision-making, family group conference, best interests, cultural diversity, Maori culture, heteronymous decisions, least restrictive intervention, principle of encouragement.- Quote paper
- Julia Honds (Author), 2006, The family group conference as a means of decision-making in matters of adult guardianship, Munich, GRIN Verlag, https://www.grin.com/document/80621
