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Full-Text Articles in Law
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Forlik, Linda S. Whitton
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Forlik, Linda S. Whitton
University of Michigan Journal of Law Reform
The introduction in 1997 of "substituted judgment" as a guiding principle for guardian decisions was a key contribution of the UPC to guardianship reform. The current UPC Section 5-314(a) instructs guardians to "consider the expressed desires and personal values of the ward" when making decisions and to "at all times ... act in the ward's best interest." This dual mandate for guardian decisions was intended to promote the self-determination interests of incapacitated adults. This Article argues that in practice the standard has failed to achieve this goal. It analyzes the shortcomings of UPC Section 5-314(a) and other statutory decision-making standards …
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum
Michigan Law Review
A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court …
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Pepperdine Dispute Resolution Law Journal
In the course of offering workplace expertise, the FMCS has also presented its workshop "Managing Grief in the Workplace." The trainings have been given at local, regional, national and international labor relations and mediation conferences, and in college settings. We have found great receptivity to this cutting edge topic. Support in this area can greatly help unions and companies work through the conflicting expectations of a bereaved employee's job performance. Workshops in "Managing Grief in the Workplace" can initiate needed discussions and helping the partners to set up compassionate and realistic bereavement policies in the workplace. Finally, many participants expressed …
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 …