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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitution

2012

Marquette University Law School

Articles 1 - 2 of 2

Full-Text Articles in Law

Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell Aug 2012

Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell

Marquette Elder's Advisor

This article discusses whether the requirements of due process in protective proceedings be any lower that those in criminal, juvenile, or civil commitment cases. The authors argue that the requirements should not be lower. The article discusses the application of Mathews v. Eldridge to due process analysis in guardianship and conservatorship proceedings.


Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels Aug 2012

Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels

Marquette Elder's Advisor

Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.