Timeline for Difference between felony assault of an adult vs felony assault of a minor?
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| Nov 30, 2018 at 6:15 | comment | added | Stewart | @DavidSiegel Thank you for explaining guardianship. I will take that as part of the answer. In real situation I guess it would come down to that new phrase you mentioned: "acting in the best interest" - which comes back to that word "intent". If a parent was "acting in the best interest" using info from a doctor, there also comes up the question of the doctor providing info "in the best interest" | |
| Nov 25, 2018 at 0:09 | comment | added | David Siegel | Have a look at this AARP Magazine article about guardianships and some of they ways that they can go wrong. | |
| Nov 24, 2018 at 19:32 | comment | added | David Siegel | My father had dementia, and my siblings and myself considered having one of us appointed as a guardian. We never needed to, but towards the end, the people running the place that he lived accepted our directions. We did have both medical and financial powers of attorney, which is only one step short of a guardianship. | |
| Nov 24, 2018 at 19:30 | comment | added | David Siegel | @Stewart: Normally, family or friends file a petition with a court saying that Person X is incompetent and needs a guardian. There is a hearing. Medical and other testimony are presented. If the court decides that X cannot make decisions for himself, the court chooses someone to be a guardian. Often a family member, perhaps an adult child of X.The guardian then has p[ower to make both financial and medical decisions for X, including where to live, what to buy, and what medical procedures to allow. The guardian is supposed to act in the best interest of the subject. | |
| Nov 24, 2018 at 16:59 | comment | added | Stewart | @TimLymington OK, but 3 of the above examples do not involve medical treatment. And even in scenario 4, just because a medical person does it, does not mean there is genuine or even intended medical benefit - ie, cosmetic or cultural reasons. You say, the courts decide, but there must some basis for a court's decision. I guess that's where a lawyer's intimate knowledge comes in. | |
| Nov 24, 2018 at 10:06 | comment | added | Tim Lymington | @Stewart: The definition of, and requirements for, a guardian, will vary by jurisdiction. The important point is that an adult has the right to make his own decisions unless a court orders otherwise: a child's consent is given by a parent (again, unless a court orders that somebody else decide - I don't know of any circumstances where a minor can decide on medical treatment). | |
| Nov 24, 2018 at 7:40 | comment | added | Stewart | You raise a most interesting example, regarding the older man with dementia. What would actually happen in that case, to make it legal? The doc says "We should do X." The man says, "I don't want X". A 3rd person, a "guardian", says "Do it anyway." Is that all it takes? Does the term "guardian" have a specialised legal definition? | |
| Nov 23, 2018 at 17:48 | history | answered | David Siegel | CC BY-SA 4.0 |