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

Law Commons

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

Estates and Trusts

William & Mary Law School

Journal

Capacity and Disability

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison Dec 2007

The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison

William & Mary Law Review

The law's willingness to take account of factors that interfere with volition tends to vary in accordance with its underlying goals. The law of wills is dominated by the principle of freedom of testation; it has thus developed doctrines aimed at detecting coercive influences that interfere with the testator's free agency. The law of medical decision making, dominated by the analogous principle of patient autonomy, has not developed doctrines aimed at detecting coercive influences despite a large and growing body of evidence showing that disordered insight and major depression, two common medical conditions, often have a coercive, negative effect on …


Making Gifts From Incompetent's Estate Under The Doctrine Of Substitution Of Judgment To Reduce Federal Estate Taxes Oct 1972

Making Gifts From Incompetent's Estate Under The Doctrine Of Substitution Of Judgment To Reduce Federal Estate Taxes

William & Mary Law Review

No abstract provided.