Sunday, July 1, 2012
Marie A. Filinger recently published her article entitled, The Paradox Madness: Vulnerability Confronts the Law, Hamline University School of Law (June 9, 2011). An abstract of the article, available on SSRN, is below.
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.