Purpose of this issue paper

The issue paper aims to announce the investigation on incapable adults, clarify its aim and extent, and suggest broad possible options available for solving existing problems. Its purpose is to initiate and stimulate debate, to seek proposals for reform and to serve as a basis for further deliberation.

Following the issue paper, the Commission will publish a discussion paper setting out preliminary recommendations and draft legislation, if necessary. The discussion paper will take the public response on the issue paper into account and will test public opinion on solutions identified by the Commission. On the strength of these responses a report will be prepared with the Commission’s final recommendations. The report (with draft legislation, if necessary) will be submitted to the Minister of Justice for his consideration.

The issue paper is presented in the form of a questionnaire. It includes questions relating to the need for reform in general, and to specific issues relevant to decision-making capacity (including matters relating to personal welfare, financial matters, and health and medical matters). It raises questions regarding possible solutions in the form of provision for substitute decision-makers and future incapacity. It also poses the question whether reform should encompass issues related to behaviour by mentally incapacitated persons.

Respondents are requested to respond as comprehensively as possible and are invited to raise additional issues which are not covered in the questions, should they wish to do so.

The Commission especially invites persons with early stage dementia (a broad term referring to a condition in which a person’s cognitive functions decline) and families, caregivers and friends of persons with dementia to respond to this call for comments.

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URL: http://www.saflii.org/za/other/zalc/ip/18/18-Purpose.html