Legal issues

Diagnosis Alzheimer's: Not just for individuals but also for the members of an immense burden. As there are currently no known cure process, it ultimately aims to come to terms with the situation and make the "best" of it. Despite all the attention of the legal aspects is essential, since the remaining common life can be better utilized by appropriate, timely planning.

In the advanced stage Alzheimer's leads to cognitive impairment in an amount which complicates their own decisions for patients or makes impossible. They lose their business skills and the ability to express their will. As long as the patient is able to express his will, he should be actively involved in decision-making processes, since the feeling of "being needed" is sponsored by the patient.

Through various powers and orders can the patient can make his will to make a statement before or at the onset of the disease, thereby ensuring an act in the interest of the patient. These powers and dispositions must necessarily be in writing in order to ensure uniqueness and avoid litigation.

If these precautions are not taken, may from the regulatory framework of care cases are identified and placed the care. The basis for this is the Childcare Act (Civil Code § 1896, paragraph 1). Within this law stipulates that a person has a mental illness, physical, mental or emotional disability and the inability of the person concerned, his affairs to settle as soon as wholly or partially, is present, to a support case.

For this process to be initiated, a care excitation at the appropriate service authority must be submitted by another person. With this, the person corresponding to the hypothesis that self-administration is no longer possible. Then, the individual shall be informed in writing of this care excitation. In addition, a commissioner of the authority care expert is instructed to prepare an opinion on those affected. In preparing both the person and the family are being interrogated. If necessary, the person concerned is a guardian ad litem is beige, which is to safeguard its interests. Finally, the individual shall be interviewed in their home environment personally by the judge on her condition, so as to allow a verdict.

Overall, this process is a lengthy process, which itself is a huge additional burden for both the members and the patient, which certainly does not contribute to the well being of both parties.

When assessing care question, the terms "business" and "volitional" an important meaning. Under business is the ability of a person understood to assess the nature and extent of a decision in relation to a transaction. Does not necessarily lose his business a dementia patient. Only the likelihood of loss that increases with disease progression.

The "volition" refers to a person compared to the business not to a transaction, but the possibility of weighing the pros and cons to finally be able to make a decision of the will.

These terms will be playing in the following examples of precautionary possibility that not all bound specifically to Alzheimer's disease, an important role.

 

Liability and contents insurance

By dementia increases the likelihood of domestic accidents. Existing contracts will not be affected by the disease usually, but informing the insurance company is advisable. A conclusion of a lack of insurance is recommended more possibly to compensate for losses incurred by insurance.

 

Services available

The support available is an important precaution block. With this, a person may be designated, this takes the case of a court-ordered support. With such disposal, the patient also explains willing that any State support is ordered. The people within this proposal is available binding on the court, except in the case of the person proposed an unfitness for service object is detected. The candidate is bound in this type of disposal and to the care up to the limit of acceptability. However, this applies only to the case of a public care arrangement. However, as such, it is free form and should ideally be in writing.

The content of such care can both available, for example, an asset management (z. B. "I want my money is deposited in bank XY), but also to the transmission of the complete decision-making powers to be.

For the support available only a volitional, but no business is required because it is formally only a "proposal" is.

 

Living will

With a living will care available is transferred the leadership of the decisions similar. This block contains only a transfer of decision-making authority in the context of medical treatment. Seen in the living will is thus directed to the attending physician. Again, there is the opportunity to articulate his or her self or to transfer the decision to another person. If there is no living will, the will of the patient from previous utterances are "reconstructed", but a written record is recommended in terms of provability this patient Testament. There is a private pension plan, which is not in connection with a government regulation.

 

Retirement Testament (power of attorney)

With a durable power of attorney is a comprehensive private provision for old age or in the event of illness / disability can be made. Such power of attorney should be issued only to an authorized person who enjoys the full confidence of the patient. This power of attorney is ideally fix not only writing but also notarized, as these will be reviewed by a court on the validity in the event of occurrence. With such authority the agent is able to act immediately and there is no legal guardian in force. The authorized representative is able to make all arrangements for the person concerned, which are necessary due to the emergency.

 

Will

In a testament to the "last will" of the author over time can be regulated after his death. To create a will a modification of the business is required. It must be present to the following conditions:

 

    The creator has to know that he created a will

    Substance of the will may be only the prospective free will of the patient

    The will must be formulated independently

 

Someone who pleads the Testierunfähigkeit, however, it must be able to prove in court. A will necessarily require the written form.

Within a will disinheriting both persons, as well as other people are inherited. For example, a person can inherit from the family of all material possessions, except the power which is left to a foundation.

Total, there are various legal issues that must be considered during an acute illness. Many of those regulations are independent of the Alzheimer disease. In general, the available should regulate themselves before the acute illness, so that pressure in an emergency does not arise. The more likely you are concerned with the precautionary measures, more relaxed and more useful, you can use the remaining lifetime.

 

Sources:

www.lifeline.de/themenspecials/alzheimer/demenz-alltag-id33531.html

www.alzheimer.de/alzheimer/leben/rechtlichessozialesfinanzielles.html

www.alzheimer-organisation.de/HA-VeranstaltungenAP/Meier.pdf

www.alzheimerinfo.de/rat_und_hilfe/rechtliches/index.jsp

patientenleitlinien.de/Demenz/

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