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PLANNING FOR INCAPACITY - TOOLS AND STRATEGIES UNDER U.S. LAW
Kim Dayton 한양대학교 법학연구소 2015 Hanyang Journal of Law Vol.3 No.-
In the United States, adult persons who have cognitive disabilities, and those who have diseases or conditions that can lead to cognitive impairment in the future, are often the subject of protective proceedings that result in a loss of personal autonomy and dignity. Guardianship and conservatorship proceedings, for example, can mean that all or most of a person’s personal and financial decisions will be controlled by a third person appointed by the court, rather than by the individual. While guardianship and similar protective measures may be necessary in some cases, a variety of legal planning tools are available in the US that maximize decision-making autonomy and personal even by those who have long term cognitive disabilities. This article discusses these tools, which include durable powers of attorney, health care directives, and trusts. It explains what these planning tools are, how they are used, and what combination of planning is best suited to specific situations involving cognitively-impaired adults.