Download this Paper Open PDF in Browser

The Paradox in Madness: Vunerability Confronts the Law

Mental Health Law and Policy Journal, Vol. 1, p. 1 (2012)

26 Pages Posted: 9 Jun 2012 Last revised: 25 Jan 2013

Marie A. Failinger

Mitchell Hamline School of Law

Date Written: June 9, 2011

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.

Keywords: mental illness, power of attorney, vulnerability

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: https://ssrn.com/abstract=2080260 or http://dx.doi.org/10.2139/ssrn.2080260

Marie A. Failinger (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Paper statistics

Downloads
77
Rank
265,346
Abstract Views
631