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Full-Text Articles in Law
Cognition: The Basis For Competency, Richard E. Finlayson
Cognition: The Basis For Competency, Richard E. Finlayson
Marquette Elder's Advisor
This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Marquette Elder's Advisor
In his introductory column, Dr. Finlayson discusses issues of competency and informed consent involving the elderly. Dr. Finlayson discusses these issues from a medical perspective demonstrating how the legal and medical issues relating to the elderly and mental health often intersect.
Psychological Perspectives On Competency, John Becker
Psychological Perspectives On Competency, John Becker
Marquette Elder's Advisor
This article considers how law and psychology can work together cooperatively toward understanding the competency of individuals to make plans for themselves and to take care of themselves personally and financially.
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
University of Michigan Journal of Law Reform
This Note suggests an interdisciplinary approach to assist in determinations of legal capacity. It also urges an amendment to the Model Rules and current law firm business models, so attorneys can better approach capacity challenges. While this Note does not presume to resolve the problems faced by capacity determinations, the purpose is to offer functional alternatives to the current working models. Part I reviews the Model Rules' treatment of capacity issues, detailing attorneys' conflicting ethical duties and the ambiguous methodology for capacity evaluations. Part II examines the customary processes that attorneys presently follow for seeking diagnostic evaluations and highlights their …
When Coercion Lacks Care: Competency To Make Medical Treatment Decisions And Parens Patriae Civil Commitments, Dora W. Klein
When Coercion Lacks Care: Competency To Make Medical Treatment Decisions And Parens Patriae Civil Commitments, Dora W. Klein
University of Michigan Journal of Law Reform
The subject of this Article is people who have been civilly committed under a state's parens patriae authority to care for those who are unable to care for themselves. These are people who, because of a mental illness, are a danger to themselves. Even after they have been determined to be so disabled by their mental illness that they cannot care for themselves, many are nonetheless found to be competent to refuse medical treatment. Competency to make medical treatment decisions generally requires only a capacity to understand a proposed treatment, not an actual or rational understanding of that treatment. This …
What We Are Learning, Stephen Ellmann