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Full-Text Articles in Law
Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell
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
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.