This paper discusses extensively Alzheimer's Disease and its legal implications.
Written in 2006; 6,350 words; 57 sources; MLA; $ 147.95
Paper Summary:
This paper explains that once a patient is diagnosed with Alzheimer's disease, an attorney, especially one specializing in elder law, should be retained to help with planning for the patient before his or her capacity is further diminished thus limiting the input of the patient. The author points out that the American Bar Association defines "incapacity" (1) as being partial or complete, (2) as a legal not a medical standard, (3) which is supported by evidence of functional impairment over time, (4) in which the respondent is likely to suffer substantial harm as a result of his or her specified inability to manage his or her personal or financial affairs and (5) identifying a person by age, eccentricities, poverty or medical diagnosis should not be used instead of a legal finding of incapacity. The author examines, using court cases, issues effected by this diminished capacity such as creating wills, entering into marriage, entering into contracts, crime conviction and civil liability.
Table of Contents
Introduction
Alzheimer's Disease
Diagnosis
Epidemiology
Treatment
Effects On Patient's Legal Capacity
Executing a Will
Entering into Marriage
Entering into a Contract
Criminal Responsibility
Civil Responsibility
Legal Implications Thereof
Assessment
Guardianship
Powers of Attorney
Conclusion
From the Paper:
"Another common tort of Alzheimer's patients is injury to another through physical battery. In Colman, the defendant was liable for her tort although he suffered from senile dementia. The defendant was a resident a home that employed the plaintiff as a recreational therapist. The plaintiff was attacked twice by the defendant and claimed damages for her injuries While the court did mention that in most circumstances it is a matter of public policy to hold the mentally disabled liable for their torts, this is not always the case. The court concluded that the plaintiff was in the best position to protect against harms and dangers that may result from her job."
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