
Contents
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Guardianships and Conservatorships Guardianships and Conservatorships
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Terms and Definitions Terms and Definitions
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Standards for Decision Making Standards for Decision Making
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Capacity Capacity
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Evaluating Capacity Evaluating Capacity
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Types of Capacity Types of Capacity
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Vignette: Testamentary Capacity Vignette: Testamentary Capacity
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Testamentary Capacity Testamentary Capacity
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Contractual Capacity Contractual Capacity
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Financial Capacity Financial Capacity
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Capacity to Marry and Divorce Capacity to Marry and Divorce
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Testimonial Capacity Testimonial Capacity
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Advance Directives Advance Directives
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Durable Power of Attorney Durable Power of Attorney
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Living Will Living Will
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Health Care Proxy Health Care Proxy
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Other Substitute Decision Makers Other Substitute Decision Makers
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The Treating Clinician’s Role in Evaluating Capacities The Treating Clinician’s Role in Evaluating Capacities
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Conclusion Conclusion
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Frequently Asked Questions Frequently Asked Questions
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References References
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Appendix 1 Medical Certificate for Guardianship or Conservatorship Appendix 1 Medical Certificate for Guardianship or Conservatorship
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Appendix 2 Medical Certificate for Termination of Guardianship and/or Conservatorship Appendix 2 Medical Certificate for Termination of Guardianship and/or Conservatorship
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6 Guardianships, Conservatorships, and Alternative Forms of Substitute Decision Making
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Published:March 2017
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Abstract
To protect individuals who can no longer make the decisions and carry on the activities of adult life, society has provided processes including the appointment of alternative decision makers, traditionally referred to as guardians of the person (for personal decisions such as medical treatment) and conservators of the estate (for financial decisions). When a person has lost capacity, appointing an alternative decision maker can be problematic, as the person may not have previously expressed preferences regarding health care or financial matters, and there may be disagreement among interested parties such as family members. Advance directives, such as health care proxies, help alleviate these problems by providing a method for the person in question to document his or her preferences and appoint someone to act on their behalf in the event of incapacity. This chapter discusses traditional protections for incapacitated persons, advance directives, and capacities to engage in various decision-making activities.
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