posted on 2021-11-14, 03:58authored byLiang, Grace
<p>Psychiatric advance directives (PADs) are an emerging method for adults with serious and persistent mental illness to manage their treatment by documenting treatment preferences in advance of periods of incapacity. However, the application of PADs has largely been neglected by the legal and psychiatric discourse in New Zealand. This paper presents some of the key purposes and unrealised benefits of PADs, and explains why New Zealand’s law and policy surrounding advance directives in the mental health arena is unclear compared to other jurisdictions. Though interviews conducted with New Zealand clinicians and consumer advocates, key practical and legal dilemmas around forming, monitoring, and enforcing PADs were extracted and dissected. Interviews elucidated that, while attitudes were generally positive attitude towards PADs in the mental health system, the lack of a focused PAD strategy stifled its promulgation where it could most benefit service users. This paper proposes that PADs should be promoted, and articulates a normative PAD strategy for New Zealand.</p>
History
Copyright Date
2013-01-01
Date of Award
2013-01-01
Publisher
Te Herenga Waka—Victoria University of Wellington
Rights License
Author Retains Copyright
Degree Discipline
Law
Degree Grantor
Te Herenga Waka—Victoria University of Wellington
Degree Level
Masters
Degree Name
Master of Laws
ANZSRC Type Of Activity code
970118 Expanding Knowledge in Law and Legal Studies