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An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. In the U.S. it has a ...
A common form that is valid in 40 states is Five Wishes. [4] [5] When filing an advance directive, an alternate health care agent should be identified. The surrogate decision maker must be a trusted individual that is able to make crucial decisions on behalf of the advance directive client.
For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. [2] Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life ...
The Substitute Decisions Act (the Act) is an act of the Legislative Assembly of Ontario in Ontario, Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent ...
California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form. [3] Any sort of difference between the two parties that either cannot or will not be changed can be considered an irreconcilable difference.
An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper: Prisoners have only a very limited right to refuse psychotropic medications in prison.
Where an individual lacks capacity on grounds of mental illness or senility, a relative or other responsible person may obtain a lasting power of attorney to make decisions concerning the "personal welfare" of the person lacking capacity, the "property and [financial] affairs" of the person, or both. [91]
Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. [ 1 ] As an aspect of the social contract between a state and its citizens , the state adopts a role of protector to the weaker and more vulnerable ...