The Paradox in Madness: Vunerability Confronts the Law
Marie A. Failinger
Hamline University - School of Law
June 9, 2011
Mental Health Law and Policy Journal, Vol. 1, p. 1 (2012)
This article argues that the durable power of attorney (DPA) is being used to take advantage of many individuals who are on the edge of incompetence, exposing the law’s own vulnerability in protecting these persons. It suggests that additional oversight of DPAs through holistic evaluations of DPA principals, better transfer rituals, greater community involvement, and mandatory alternative dispute resolution for contested cases can create a more balanced approach that permits both autonomy and protection of the mentally ill against their agents.
Number of Pages in PDF File: 26
Keywords: mental illness, power of attorney, vulnerabilityAccepted Paper Series
Date posted: June 9, 2012 ; Last revised: January 25, 2013
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