Law 3101A/B Lecture Notes - Lecture 3: Surrogate Decision-Maker, Personal Representative, Chemotherapy
4 Apr 2016
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From last week: hcca doesn"t alter common law principles of battery and negligence. Part 1: substitute decision making for personal care. 1. 2. indicate they have informed the incapable person of the application and their right to challenge that finding. 1. 3. must be a formal finding of incapacity by an assessor. 1. 4. can be partial (try to issue this to preserve the decision making of the incapable person) or complete (includes all aspects of treatment, counseling, care, where they live, education, etc) Guy doesn"t speak english well, goes to lawyer to make a new will, son wants to create a power of attorney, but never discussed what kind of treatment so he couldn"t act on it. 3. 2. if 16 or older and incapable, i can ask the ccb to name my sister to be my personal representative - they are not required to choose my sister - has to be in best interest.
