This Class, Interdisciplinary Seminar on Decision-Making in Persons with Disabilities, was co-taught by Sieh-Chuen Huang (law) and Yee-San Teoh (psychology) at NTU, Taiwan and Dagmar Brosey (law) and Renate Kosuch (psychology) at TH Köln (Technical University of Cologne), Germany. In addition to the unique combination of instructors, we had 24 students from NTU and TH Köln respectively, including law, psychology and social work, of which the diversity highlights this seminar.
This interdisciplinary and international seminar aims to facilitate future legal professionals, psychologists, and social workers with critical thinking and cognitive flexibility. When dealing with legal issues related to persons with disabilities (PWD), it is necessary to communicate with the principal, family members and other professionals. An important component of this course is to enhance the experience in co-working with experts from different fields on these scenarios: supporting PWD in decision making, adult protection, supporting families and child protection. We pushed students to think from the perspectives from two disciplines –law and psychology, tackle problems in legal capacity and supporting PWD, and learn to exercise cognitive flexibility by discussing with their counterparts.
Acknowledgements: the UFO Project (University FOresight Education Project, MOE, Taiwan).
Sieh-Chuen Huang is a professor of civil law, the College of Law at NTU. She received her BA of Laws from NTU, Taiwan and the MA, Ph.D. from Hokkaido University, Japan. Her research interests on family law, guardianship, trusts and estates, and intergenerational property transfer in aged society, and also legal analytics, machine learning and AI in law.
Dagmar Brosey is a Professor for Civil Law, specialised in Family Law at Cologne University of Applied Sciences (TH Köln Germany). Since 2020 she is Deputy Dean of the Faculty of Applied Social Sciences.
She is doing research with the focus on autonomy and self-determination in adult protection law. She is the author of various articles and reports focusing on issues concerning self-determination, supported decision-making, legal capacity, advanced directives and legal representation in the context of German Law of BETREUUNG, mental health care and long term care.
Dagmar is a member of board of the German Association for BETREUUNG (BGT) und the editor-in-chief of Journal of German Law of BETREUUNG and practice (BtPrax).
She was one of the heads of the research team who conducted the study Quality in BETREUNG missioned by the Federal Ministry of Justice and Consumer Protection.
Dr. Yee San Teoh is Associate Professor at the Department of Psychology at National Taiwan University. Her areas of specialization are Developmental and Forensic Psychology. She is particularly interested in identifying best practice interviewing methods with children and persons with intellectual disability. Dr. Teoh regularly provides specialized training in investigative interviewing to legal, social work, and medical professionals. She is also a registered intermediary who assists prosecutors and the criminal courts with the questioning of vulnerable victims and witnesses.
Professor Renate Kosuch is a graduate psychologist and professor of social psychology at the Faculty of Applied Social Sciences, TH Köln (University of applied sciences). She is co-director of the master's program “Counseling and Advocacy in Social Law”.
She received her diploma and doctoral degree from University of Hamburg. Trained in person-centered psychotherapy, she is member of the scientific advisory board of the Society for Person-Centered Psychotherapy and Counseling GWG e.V.
Her main research and teaching areas are communication psychology; Supported Decision Making (SDM) and relationship quality in Adult Betreuung(stressing the compliance with UNCRPD) ; shame; gender; communication psychology; mental self-regulation and serenity promotion.
Students were divided into eight groups comprising law, psychology, and social work students from both NTU and TH Köln. Each group was assigned a case involving decision-making of PWD. They described current psychological/ legal framework, analyzed potential problems and proposed possible solutions according to criteria set out by instructors in English.
After discussion and preparation with group members, each group presented their analysis and opinions and received feedback from instructors and classmates.
Criteria for the presentation: 1. Present possible issues that need to be considered in each case; 2. Adopt a Person-centered approach 3. Consider perspectives from all disciplines and professions in the group 4. Suggest solutions in both the German and the Taiwanese context and justify/give reasons why you arrived at these solutions. 5. Raise problems that cannot be well solved within the current framework
Peter Y. has mental health issues and lives in an apartment in Cologne or in Taipei. He is supported by a professional Betreuerin who has as scope of function: financial affairs, affaires concerning administration and social welfare and affairs around the apartment, or is under assistance. One day Peter Y. expresses his decision to stop paying the rent for the apartment. The consequence of following this decision would be that he gets in delay with the payment and the landlord has the right to terminate the contract after two months.
The Betreuerin/the assistant tries to explain the situation and the risk of losing the apartment. Peter Y. then answers that he won´t lose the apartment because “somebody” told him paying the rent is not necessary. The Betreuer/the assistant decides to wait but after three weeks Peter Y. did not change his decision. He still is convinced that he does not have to pay the rent and may use the money for what he wants.
The Betreuerin/the assistant asks herself what is obliged to do. The Dilemma: If she does not organise the paying, the landlord will terminate the contract. Peter Y. likes his apartment very much and it would be very difficult to find a new apartment for him. Peter Y. does not want to live on the street or in an accommodation for homeless people.
Paul J. has a severe intellectual disability and no verbal communication. Care staff who knew him well noticed a deterioration in his behavior. In particular, they noticed that he was extremely protective of his face. They suspected toothache. However, he absolutely resisted letting anyone even come near his mouth. In attempts to find out what is wrong with him, it becomes clear that he completely resists any interference with his mouth. Later it turned out that he was indeed suffering from toothache.
The Betreuer/the guardian and the care staff ask themselves what is obliged to do.
Tina W. with dementia was fiercely independent. Above all, she insisted upon remaining in her own home. She believed the she could cope without assistance, and refused admit carers. In fact, only with such care could she be sustained in her own home. Her son sought a court order. Tina W. declared that she much loved her son, but did not need a representative and did not wish him to be appointed. The son was appointed as a Betreuer with powers to ensure that carers would be admitted and could properly perform their functions – or the son is appointed as an assistant, because otherwise her overriding desire to remain in her own home would not be sustainable.
The Betreuer or the assistant asks himself what is obliged to do.
Anna T. is 23 years old and has Down syndrome. She lives with her parents and works in a facility for people with disabilities. Her mother is the Betreuerin (appointed by court) in the matters of property and health care, as well as authority matters – or her mother is the assistant (appointed by the court). Anna T. met 27-year-old Luis H. at her workplace. The two fell in love and have a relationship. Anna T’s mother is very worried that her daughter might get pregnant and then she would have to take care of the child. She wants to prevent pregnancy at all costs and wonders if sterilization or another contraceptive method is indicated as a precaution, or if she could stop contact between her daughter and her boyfriend altogether.
Anna T. and Luis H. say they want to have sex. They also want to live together and are considering marriage. Luis H. also has Down syndrome and lives in an assisted living. He has a professional Betreuer in the matters of property and health care, as well as authority issues – or he has an assistant.
What questions arise? How can Anna T. and Luis H. be supported so that their wishes are fulfilled? What role do both Betreuer/both assistants and their concerns play?
See More Websites of Our Fellows Related Projects.
University FOresight Education Project (UFO Project) is a pilot, experimental, foresight and inter-disciplinary multiyear education project, initiated by the Department of Information and Technology Education, Ministry of Education under its midterm initiatives.
See moreProfessor Sieh-Chuen Huang is one of memtors of this class, a professor of civil law, National Taiwan University. She is the Host of the LLNTU--Lab. of Legal Analytics, Which devote itself on AI-legal Studies and win international legal information competition 2019.
See moreAnother website co-teach class of the UFO-project. This focus on hybriding with legal studies and high tech (deep/machine learing). Designed by H.L.Shao(NTNU) and S.C.Huang(NTU).
See moreHe is a member of the UFO-project. Also, the host of DHNTNU, the Lab. Digital Humanities, National Taiwan Normal University
Ph.D., an associate Prof., the Dept. of Eastasia Studies (DEAS), NTNU.
See moreWebsite Architect and Script Maneger: Hsuanlei Shao
Html, Special Effects and Design: Tzuying Yang、Chihchuan Fan