Estate Planning to Protect Yourself and Your Assets in the Event of Incapacity as a Result of Dementia
| Autor: | Jennifer Smith, Jd, Ll.M., Jeremy Riley, Jd, Ll.M |
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| Rok vydání: | 2021 |
| Předmět: |
Estate planning
Health (social science) Scope (project management) business.industry Health Policy Control (management) Internet privacy Public Health Environmental and Occupational Health medicine.disease Directive Article Diminished responsibility Power of attorney Health care medicine Dementia business |
| Zdroj: | Delaware Journal of Public Health |
| ISSN: | 2639-6378 |
| Popis: | People with dementia can be vulnerable as a result of their diminished capacity and therefore are more susceptible to becoming victims of unscrupulous predators. Because of their diminished capacity and inability to communicate effectively, people with dementia also may be neglected and not receive adequate care to meet their needs. For these reasons, our society should, and does, offer the ability of people that have, or will have, diminished capacity to control decisions with respect to their health and property after they are no longer able to make those decisions for themselves. This article addresses some of the tools available under Delaware law that can be used by people to plan ahead for incapacity and safeguard their property and control their decisions and wishes with respect to health care and end-of-life situations. Some of those tools include a durable personal power of attorney, an advance health-care directive, a Delaware Medical Orders for Scope of Treatment form, and Last Will and Testaments and revocable trusts. This article also addresses the legal standards applied in determining whether and when a person has capacity to create these instruments and/or when such instruments become effective. |
| Databáze: | OpenAIRE |
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