Abstract

http://ssrn.com/abstract=2080260
 


 



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)

Abstract:     
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, vulnerability

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Date posted: June 9, 2012 ; Last revised: January 25, 2013

Suggested Citation

Failinger, Marie A., The Paradox in Madness: Vunerability Confronts the Law (June 9, 2011). Mental Health Law and Policy Journal, Vol. 1, p. 1 (2012). Available at SSRN: http://ssrn.com/abstract=2080260 or http://dx.doi.org/10.2139/ssrn.2080260

Contact Information

Marie A. Failinger (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
(651) 523-2124 (Phone)
(651) 523-2236 (Fax)
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