Losing it? Losing What? The Law and Dementia

Child and Family Law Quarterly, Vol. 3, 2009

Oxford Legal Studies Research Paper No. 09/2010

Posted: 13 Feb 2010

See all articles by Jonathan Herring

Jonathan Herring

University of Oxford - Faculty of Law

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Date Written: 2009

Abstract

This article considers the law’s responses to dementia. In particular it argues in favour of a more flexible approach to assessments of capacity. It considers the appropriate legal approach to advance directives. It also examines what weight should be attached to the views of a patient who lacks capacity in determining their best interests.

Keywords: elder law, dementia, capacity

Suggested Citation

Herring, Jonathan J. W., Losing it? Losing What? The Law and Dementia (2009). Child and Family Law Quarterly, Vol. 3, 2009 , Oxford Legal Studies Research Paper No. 09/2010, Available at SSRN: https://ssrn.com/abstract=1551850

Jonathan J. W. Herring (Contact Author)

University of Oxford - Faculty of Law ( email )

New Road
Oxford, OX1 1NF
United Kingdom

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