1991
DOI: 10.1111/j.1532-5415.1991.tb02704.x
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Abuse of Durable Power of Attorney for Health Care: Case Report

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Cited by 13 publications
(5 citation statements)
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“…For well motivated substitutes, the decisions can be heartbreaking. Further, substitutes are, at times, unavailable,23 inaccurate, 24,25 selfish, 26 or malicious 27 . The legal authority of a substitute to decline life‐sustaining treatment varies from state to state.…”
Section: Collateral Considerationsmentioning
confidence: 99%
“…For well motivated substitutes, the decisions can be heartbreaking. Further, substitutes are, at times, unavailable,23 inaccurate, 24,25 selfish, 26 or malicious 27 . The legal authority of a substitute to decline life‐sustaining treatment varies from state to state.…”
Section: Collateral Considerationsmentioning
confidence: 99%
“…In addition to recognizing that some patients have no families or that not all family members are supportive, there may be instances of families misusing their rights over the patient's because of the concern and stress involved in life threatening decisions (Lee and Berry, 1991).…”
Section: Society's Predicamentmentioning
confidence: 99%
“…(If an assessment for capacity to consent to treatment is required, it should be performed, as usual, by those who have the expertise and according to the prescribed legal standards). A further safeguard for the advance directive is sometimes afforded by a legal requirement for one or more witnesses 5 …”
mentioning
confidence: 99%
“…To be capable to complete an advance directive, a person should understand and appreciate that (1) advance directives contain choices that will be acted upon not in the present but in the future; (2) the choices will be acted upon when the person is no longer capable; (3) some of the choices involve medical treatments; (4) some of the choices may involve choosing someone else to make treatment decisions on one's behalf; (5) the choices could result in the person's death or a state of permanent coma; (6) death and permanent coma are states in which choice is no longer possible; (7) the person's choices may change over time or as the person's state of health changes; (8) if the person's choices change, he or she should also change the directive; and (9) the choices in the directive may supersede subsequent choices made by the person after the person has become incapable. We believe that a knowledge and understanding of these items would satisfy the requirements of the legal functional test of capacity applied in almost all jurisdictions.…”
mentioning
confidence: 99%