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The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith

Articles

In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …