Fram, Chairman, Final Report of the Advisory Committee on Substitute Decision Making for Mentally Incapable Persons (1987); the Weisstub Committee studied the legal definition of mental incompetence
(The Weisstub Report, supra note 20); and the O'Sullivan Committee studied the elements of advocacy regarding guardianship and substitute decision-making (S.
Physicians should see their function as educational, guiding patients to pertinent information (bearin in mind their health status) and asking appropriate questions regarding issues raised in circumstances of life-threatening illness and mental incompetence
The Florida Supreme Court first set forth the standard for determining mental incompetence
in a contract matter in Waterman v.
In lieu of a durable power of attorney, a springing power of attorney, which "springs" into effect only upon a triggering event such as the principal's disability by reason of mental incompetence
, may be desirable.
In its ruling, the district court said Takuma is fully capable of taking responsibility for his crime, dismissing defense arguments for an acquittal or leniency on the grounds of mental incompetence
The district court in its ruling said Takuma is fully capable of taking responsibility for the crime, dismissing the defense arguments for an acquittal or leniency on the grounds of mental incompetence