„… 257 Workshop 3: Continuing Powers of Attorney (CPA) Kees Blankman∗ This report is a summary of …” „… Attorney in Germany and in his presentation specifically dealt with the history and the basic principles of …” „… ) who spoke about fraudulent acts in the period in which the power of attorney contract was made and …”

Kees Blankman Guardianship systems in Europe and continuing powers of attorney S. 39-45

„… 39 Guardianship systems in Europe and continuing powers of attorney Kees Blankman∗ My …” „… presentation deals with continuing powers of attorney and guardianship measures in Europe and the role of the …” „… powers of attorney (CPA’s) and recent developments in Europe. Finally, I will examine the role and the …”

Fukiko Nakayama Issues Surrounding the Continuing Power of Attorney System in Japan S. 145-149

„… 145 Issues Surrounding the Continuing Power of Attorney System in Japan Fukiko Nakayama∗ In …” „… attorney system enacted as part of the reform of the adult guardianship system in 2000 was to address this …” „… problem. Under the continuing power of attorney system an individual selects a future guardian while …”

Makoto Arai Ten Years’ Experience of Japan’s Adult Guardianship Law of 2000 S. 13-25

„… . Continuing power of attorney and statutory guardianship 17 III. The Five Main Points 18 C. Results and …” „… of life. II. Continuing power of attorney and statutory guardianship There are two types of adult …” „… guardianship: statutory guardianship and continuing power of attorney. The old incompetence or …”

Michael Haußner Guardian Law – Support Systems in Germany S. 77-85

„… continuing powers of attorney and the attorneys can be registered. Every custodianship court is linked to …” „… . Funding 81 VI. Continuing power of attorney 81 VII. Communication between concerned parties 82 VIII …” „… questions are addressed: Did the person concerned give somebody power of attorney or is he/she still capable …”

Inhwan Park The new adult guardianship system in the proposed amendment of the Korean Civil Code S. 311-323

„… . Responsibility of a guardian 318 3. Guardianship supervisors 319 III. Continuing power of attorney contracts …” „… attorney where a person requiring protection concludes a contract for continuing power …” „… system in the proposed amendment of the Korean Civil Code 315 of attorney based on his or her will in …”

Hiroshi Takahashi, Tadahiro Tominaga Asian Day: Report S. 281-293

„… Community Development, Youth and Sports) 285 III. Japan – Tadahiro Tominaga (Attorney at Law, Tominaga Law …” „… (Samoa Law Reform Commission, Office of the Attorney General) 288 VI. Taiwan - Hsiu Hsiung Lin (Fu Jen …” „… Offices, Attorney at Law. Hiroshi Takahashi and Tadahiro Tominaga 284 reveal that regional …”

Rebecca C. Morgan Least Restrictive Alternative, Limited Guardianship and the Ward’s Autonomy. Trends in the United States in the 21st Century S. 135-145

„… / ncearoot/main_site/pdf/publication/ GuardianshipData.pdf. Rebecca C. Morgan 142 directive or power of attorney as an alternative …” „… me the honor of being here. 145 Issues Surrounding the Continuing Power of Attorney System in …” „… objective of the continuing power of attorney system enacted as part of the reform of the adult …”

Yu Haga Workshop 2: Quality and Training of Volunteer Guardian S. 251-257

„… actively signing Continuing Power of Attorney contracts, and developing and supporting volunteer guardians …” „… organizations (NPOs), attorneys-at-law and notaries. (3) In Austria, there are four NPOs like NÖLV, which I …” „… advice, support and sustainable education to their official staffs (including attorneys-at-law …”

Lusina Ho Trust and Confidence: Developing a Comprehensive System for Adult Guardianship in China and Hong Kong S. 293-299

„… functioned well. The Enduring Powers of Attorney Ordinance also stipulates the procedures for individuals …” „… in full capacity to appoint an enduring power of attorney to continue to manage their affairs when …” „… significantly restrictive in requiring that the enduring power of attorney be executed in the co-presence of …”

Donovan Waters The Use of the Private Trust in the Aging Society of Today S. 169-199

„… similar to those of the attorney with an ‘enduring’ agency power to manage the property of another, i.e …” „… legislation which enables the principal to appoint an “attorney” who is empowered to act on the principal’s …” „… attorney those management powers that the principal wishes the attorney to be able to exercise before and …”

Peter Whitehead The Evolutionary Themes of Our International Conferences S. 221-226

„… be more to come. We have seen changes to laws for powers of attorney, guardianship and national …” „… corporations, such as Perpetual, have now had their traditional services of executor, trustee and attorney …” „… of guardianship and attorney laws in Queensland, Victoria and New South Wales. Responses to the 2007 …”

Yokohama Declaration 2010 S. 329-335

„… Law specifies that a guardian of an adult must be assigned with power of attorney for the adult’s …” „… property only, the guardian’s power of attorney should not be limited to property management alone and …” „… represents a gross violation of basic human rights. (6) Although the continuing power of attorney system …”

Teruaki Tayama Operational Support System for the Adult Guardianship System – Judicial and Administrative Elements of the Adult Guardianship System S. 163-169

„… system is a system to legally define the rights and the power of attorney for the guardian, its judicial …” „… granting power of attorney and the right to cancel a contract being under the specific jurisdiction of the …” „… producing an inventory of the ward’s assets. This may not be such a heavy undertaking for an attorney or …”

Thomas Meyer Adult Guardianship Legislation in Germany S. 125-135

„… reduce these costs? People should be encouraged to give a power of attorney to people whom they trust …” „… court. Since 2004 in the German Central Power of Attorney Register, the number of powers of attorney …” „… attorney in the central register is not mandatory. All poa in written form are valid. Therefore, next to …”

Titelei/Inhaltsverzeichnis S. 2-10

„… attorney Kees Blankman 39 Vision for 2020 – Trends in Law, Policy and Services Jay Chalke 45 Adult …” „… st Century Rebecca C. Morgan 135 Issues Surrounding the Continuing Power of Attorney System in …” „… Volunteer Guardian Yu Haga 251 Workshop 3: Continuing Powers of Attorney (CPA) Kees Blankman 257 …”

Daniel Koh The Mental Capacity Act – A Singapore Perspective S. 299-305

„… . Lasting Power of Attorney (LPA) 302 C. Conclusion 303 A. Introduction The demographic tide is …” „… himself. This can be done through making a Lasting Power of Attorney (LPA). In Singapore, an appointed …” „… . Lasting Power of Attorney (LPA) There are two areas of powers that can be granted in an LPA. The matters …”

Sally Balch Hurme Guardianship Trends in the United States S. 85-91

„… attorney; – More effective and efficient monitoring by the courts to avoid or prevent harm to the adults …” „… principal’s judgment capacity has become impaired and the continuing power of attorney system in which the …” „… . ∗ Chairman of the Civil Law Society Foundation and Attorney at Law, Japan. …”

Ulrich Becker Guardianship and Social Benefits Law S. 25-39

„… in Germany.14 Since there are no special rules to be applied to an enduring power of attorney, the …” „… power of attorney might no longer be effective, or that the agent (e.g. a spouse or family member of …” „… systems in Europe and continuing powers of attorney Kees Blankman∗ My presentation deals with …”

Robert M. Gordon Developing Alternatives to Guardianship: A Canadian Perspective S. 69-77

„… , as in many other places, is the development of planned alternatives, powers of attorney which we …” „… their documents, their directives, their powers of attorney with the support, so we get supported …” „… . Control mechanisms 81 V. Funding 81 VI. Continuing power of attorney 81 VII. Communication between …”

Nobuyuki Koike Toward Support for Guardians/Volunteer Guardians S. 91-95

„… principal’s judgment capacity has become impaired and the continuing power of attorney system in which the …” „… . ∗ Chairman of the Civil Law Society Foundation and Attorney at Law, Japan. Nobuyuki Koike 92 B …”

Denzil Lush Adult Guardianship Proceedings and the Media S. 111-121

„… Powers of Attorney (7,848) were downloaded from the Office of the Public Guardian’s website. Lasting …” „… Powers of Attorney are a private alternative to the more public process whereby the Court of Protection …” „… involving powers of attorney than in adult guardianship proceedings, simply because there are far fewer …”

Leilani Tuala-Warren Convention on the Rights of Persons with Disabilities and Consequences for Samoa´s National Guardianship Laws S. 323-328

„… Samoa. On behalf of the Prime Minister, the Attorney General and the government of Samoa, I would …” „… - ∗ Executive Director of the Samoa Law Reform Commission, Office of the Attorney General, Samoa. Leilani …”

Shoichi Ogano Workshop 1: Personal Affairs and Consent to Medical Treatment S. 227-251

„… . From 1998 to 2002, she was a Senior Private Secretary to the Tasmanian Attorney General, during which …” „… medical treatment through the power of attorney. The state laws differ in terms of the details, however …” „… , which designates a person who makes a decision through the power of attorney. The term “proxy directive …”

Rebecca C. Morgan Workshop 7: Trusts and Adult Guardianships S. 267-269

„… ∗ Attorney at Law, Japan. …”

Anita Smith The Essential Elements of Effective Guardianship – An examination of the appointment, monitoring and review of effective guardians S. 149-163

„… In Australia a person can appoint an enduring guardian or an enduring power of attorney as an …” „… people to take advantage of self determination measures, such as enduring powers of attorney, or it …”

Maria Mammeri-Latzel Overview of German Adult Guardianship Law from the Perspective of a German Judge (1st instance) S. 121-125

„… attorneys-at-law and some work in non-profit-advocacy organizations (Betreuungsvereinen). These organizations are …” „… attorney (Vorsorgevollmacht — Sect. 1896 II BGB) has preference over guardianship — this is a formal …”

Hsiu Hsiung Lin Guardianship Law for Adult Conservatee in Taiwan S. 305-311

„… . Responsibility of a guardian 318 3. Guardianship supervisors 319 III. Continuing power of attorney contracts …”

Laura Watts Elder and Guardianship Mediation S. 217-221

„… a power of attorney, to refuse treatment or medication, to instruct a lawyer. Capacity is always …”

Jay Chalke Vision for 2020 – Trends in Law, Policy and Services S. 45-59

„… prospective 3-year Service Delivery Plans − Quantifiable Performance Measures − Approved by Attorney …”

Keiko Kobue Workshop 8: Higher Brain Dysfunction and Guardianship for Adults S. 269-280

„… ∗ Attorney at Law, Japan. Keiko Kobue 270 A. Problem Situation in Japan I coordinated the eighth …” „… the court for choosing relatives as guardians. Attorneys or other joint guardians may support the …”

Emiko Yamada The Aim of the Adult Guardianship System in Shinagawa Ward S. 199-204

„… welfare facilities, along with community physicians, attorneys, shihoshishis (solicitors), certified …”

Jochen Exler-König IGN/PTPG Joint Panel Discussion: Introduction S. 205-209

„… guardians, attorneys, judges, court officials and academics from every state. We welcome as members anyone …”

Sally Balch Hurme National Guardianship Organizations in the United States S. 209-213

„… join forces to improve guardianship. We now are 1000 members strong with guardians, attorneys, judges …” „… Law Attorneys; National Center for State Courts; National College of Probate Judges; and National …” „… judges, elder law attorneys, probate attorneys, state courts administrators and advocates for older …”

doi.org/10.5771/9783845246734

Berkley W. Duck - Twilight at Conner Prairie

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Berkley W. Duck

Twilight at Conner Prairie

2011

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Ch12. The Attorney General Rolls Out His Strategy S. 129-149

„… 129Earlham’s submissions to the attorney general failed to resolve his questions. The Indianapolis …” „… and satisfactory accounting of Earlham’s administration of the fund, the attorney general had two …” „… filing a lawsuit against Earlham, the attorney general could elect between two tactical approaches: he …”

Ch11. Waiting and Thinking S. 121-128

„… 121Save the Prairie had no idea when the attorney general might announce his findings or what he …” „… might decide to do. Neither did we know whether Earl-ham had responded to the attorney general’s request …” „… would pass before the attorney general made his findings public. In the hope that we might be able to …”

Ch13. The Hamilton County Lawsuit S. 150-159

„… pay Earlham’s attorney’s fees.On April 28, 2004, the attorney general responded to Earlham’s answer by …” „… surrounding the attorney general’s lawsuit against Earlham in Hamilton County Superior Court. We will pick up …” „… chapter, the attorney general’s announcement that he had filed suit against Earlham was framed within the …”

Ch14. Positioning the Dispute for Resolution S. 160-166

„… AM162 Chapter Fourteento award to the attorney general his attorneys’ fees. Pursuit of this …” „… 160Our narrative left off at the point of the November 2004 election. The attor-ney general had …” „… pursuing his litigation strategy, the attorney general continued with his efforts to resolve the dispute …”

Ch15. Sunrise S. 167-173

„… 167On Saturday, January 22, 2005, the attorney general held a press conference in which he laid out …” „… questions that could leave it comfortable with the attorney general’s proposal, Mark Myers issued a press …” „… applauding the attorney general’s efforts to resolve the dispute with the least amount of damage to both …”

Ch10. The Issues Take Shape S. 107-120

„… development of the arguments supporting intervention by the attorney general and to the pursuit of our media …” „… campaign. The im-mediate challenges were to put our best case before the attorney general’s representative …” „… attorney general’s inquiry. We agreed with Mutz that he could send to Earlham’s lawyer, Lee McTurnan, the …”

Index S. 215-220

„… contract, rejection of, 53; Indiana attorney general, meeting with, 132; Indiana colleges and universities …” „… Prairie, Inc., an Earlham Museum.Book 1.indb 215 3/29/11 5:10 AM216 Index33; Indiana attorney …” „… , 70, 71–72, 74, 79Carmel, Indiana, 109. See also Brainard, JimCarter, Steve. See Indiana attorney …”

Ch17. Assessments S. 179-196

„… , finally, by the Indiana attorney general. This chapter explores and assesses some of those decisions and …” „… separate endowment would be governed by trust law. In its dispute with the attorney general, Earlham argued …” „… Earlham trustees provided the college with one of its principal arguments in its dispute with the attorney …”

Ch16. The Organization of New Conner Prairie S. 174-178

„… entire Hamilton County judiciary) each were to appoint one director, and Earlham and the attorney general …” „… each would appoint two directors. The terms of office of the attorney general’s appointees would expire …” „… confident that the attorney general would use his influence and his two appointments to the foundation board …”

Ch09. Retreat and Reorganization S. 98-106

„… circumstances into full public view. Our immediate goal was to persuade the Indiana attorney general, Steve …” „… that the former Conner Prairie board members would call on the attorney general to investigate and …” „… preserve the status quo pending a review of the issues by the attorney general. We decided to go forward …”

Ch07. The Negotiations with Earlham’s Lawyers S. 78-89

„… by the Indiana attorney general in such an action. Church made it clear to McTurnan that Conner …” „… the Indiana attorney general and a court would be required as a condition to its effectiveness.The …” „… to put the entire matter in the hands of the attorney general. Ultimately, we decided to continue …”

Preface

„… attorneys. The issues ultimately were resolved as a result of the intervention of the Indiana attorney …” „… ContentsChapter 12 The Attorney General Rolls Out His Strategy 129Chapter 13 The Hamilton County Lawsuit 150 …” „… played by the museum’s staff, the media, the Indiana attorney general, and the courts in determining the …”

Ch05. The Governance Discussions Become Confrontational S. 61-67

„… public charitable trust. The attorney general, the state’s principal legal officer, acting on behalf of …” „… matters the attorney general acted like any other lawyer. When he uncovered a matter in which the public …” „… , the Conner Prairie governance committee considered setting up a unilateral meeting with the attorney …”

Introduction S. 1-3

„… charitable trust, Save the Prairie asked the Indiana attorney gen-eral, Steve Carter, to intervene and …” „… protect the public interest. The attorney general was charged with the enforcement of public charitable …” „… attorney general did not intervene, Earlham College was free to pursue whatever policies it might find to …”

Ch06. The Mediation Effort S. 68-77

„… attorney general. We had no assurance that, if we Book 1.indb 69 3/29/11 5:10 AM70 Chapter …” „… Sixapproached the attorney general unilaterally, he would view these questions as having sufficient interest or …” „… attorney general. Even if he endorsed Conner Prairie’s positions, if Earlham refused to accept his views …”

Photospread

„… 5:10 AMMark Myers, left, chairman of the Earlham College board of trustees, and Indiana Attorney …” „… Duck, left, and Indiana Attorney General Steve Carter, right. Carter presents Duck with a certificate …”

Appendix B. Draft of Amicus Curiae Brief Prepared by Save the Prairie, Inc. S. 204-214

„… Appeals in Earlham College, as Trustee v. State of Indiana, ex rel. Steve Carter, Attorney General. As no …” „… Attorney General, and that an individual member of the public has no right to maintain a suit of that …”

Ch01. The Development of Conner Prairie S. 4-29

„… reported to Lilly.Earlham later claimed, in its dispute with the Indiana attorney general, that the …” „… describing Earlham’s relationship to this gift is significant, as Earlham later challenged the attorney …” „… would study Earlham’s let-ter.50 It appears that Lilly’s attorney, Byron Hollett, became involved at …”

Epilogue S. 197-201

„… 197Following the completion of the attorney general’s agreement with Earlham College on December 30 …”

Ch08. The Sun Goes Down over Conner Prairie S. 90-97

„… , we could not participate in a proceeding before the Indiana attorney general and a court in which …”

Ch03. The Origins of the Governance Dispute S. 44-56

„… attorney general.7. Woodburn, Kyle & Company, “Positioning Assessment” (report, January 24, 2001, p. 10).8 …”

Ch02. The Development of Earlham’s Endowment Management Policies S. 30-43

„… the issues raised by the attorney general’s demand for an accounting by Earlham of its management of …”

doi.org/10.5771/9780759120129

Andrea D. Lyon - Fixing Legal Injustice in America

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Andrea D. Lyon

Fixing Legal Injustice in America

2022

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1 You Have the Right to an Attorney—Kind Of S. 1-22

„… 11You Have the Right to an Attorney—Kind OfChapter 1You Have the Right to an Attorney—Kind OfIn …” „… an attorney, one will be provided for free.Those who work as criminal defense attorneys and …” „… had been rejected so many other You Have the Right to an Attorney—Kind Of 3times. Anyone sentenced to …”

Index S. 123-134

„… United States Attorney, 68Attorney General, US, xiv, 110n32; Attorney’s Manual of, 65attorney sanctions …” „… unconscious racism, 53underfunding, of public defender, 26, 27United States (US): Attorney General of, xiv, 65 …” „… , attorney sanctions in, 25Wayte v. United States, 80Wheat v. United States, 11When They See Us (TV show), 23 …”

Notes S. 91-112

„… suggested that a federal “Defender General” could serve as a kind of political counterweight to the Attorney …” „… sys-tem, I would propose the creation of a ‘Defender General’ at the federal level. Like the Attorney …” „… “defender general should command the same respect and stature that the offices of the attorney general and …”

2 The System Isn’t Broken; It Was Built This Way S. 23-38

„… dis-sented in the case: “A district attorney’s deliberate indifference might be shown in several ways …” „… . . . . [District Attorney] Connick created a tinderbox in Orleans Parish in which Brady violations were nigh …” „… behavior of their own colleagues, and therefore, the majority-attorney composition of these state boards is …”

4 The Inequality Tax S. 59-72

„… charging decisions before trial. In the US Attorney’s manual, there is already precedent that gives the …” „… decisions, but always with the overt decision to use “Assistant United States Attorney” (or AUSA) in their …” „… , Michael Nifong, the former District Attorney of Durham County, North Carolina, was convicted of criminal …”

5 The War on Us S. 73-84

„… defendants for whom Attorney General Janet Reno had authorized the death penalty were Black.21 African …” „… decision was informed by the national con-versation at the time, including statistics and then–Attorney …” „… department.30 Then–Deputy Attorney General Eric Holder agreed with her concern, stating, “[N]o one reading …”

Preface

„… Have a Right to an Attorney—Kind Of 12 The System Isn’t Broken; It Was Built This Way 233 [Un]equal …” „… , like me, have suggested that there needs to be a political counterbalance to the United States Attorney …”

References S. 113-122

„… soC. for aPP. res. in MeM. and CoG, 1266–1281 (2009).122 ReferencesDeputy Attorney General Sally Q …” „… Defendant Au-tonomy and the Growing Scope of Attorney Discretion, 30 aM. J. CriM. l. 363, 373 (2003). …” „… ).Adam M. Gershowitz, Prosecutorial Shaming: Naming Attorneys to Reduce Prosecutorial Misconduct, 42 U.C …”

About the Author S. 135-136

„… Andrea D. Lyon is a criminal defense attorney (the principal in the criminal defense firm Lyon Law …” „… , supervis-ing the work of twenty-two attorneys.Over her forty years of lawyering, Andrea has been involved in …”

6 What a Defender General’s Office Can Mean S. 85-90

„… could advance Funding, Advocacy, and Policy.I. Funding By any measure—attorney pay, per capita funding …” „… many organizations2 as well as many individual at-torneys, mitigation specialists, investigators, and …”

3 [Un]equal Justice S. 39-58

„… structural racism as well as bias of the individual prosecutors, defense attorneys, and often judges.I was …”

doi.org/10.5771/9781538164662

Thomas Rotsch - Criminal Compliance - Status quo und Status futurus

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Thomas Rotsch (ed.)

Criminal Compliance - Status quo und Status futurus

Series: Schriften zu Compliance

Volume 18 2021

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Carsten Momsen Attorney-Client Privilege und strategische Compliance? Zum Verhältnis von »Fact Finding«, Individualverteidigung und Unternehmensverteidigung auf Basis des Entwurfs eines Gesetzes zur Bekämpfung der U... S. 185-210

„… 185 Attorney-Client Privilege und strategische Compliance? - Zum Verhältnis von »Fact Finding …” „… . 99 ff., 110 ff. Attorney-Client Privilege und strategische Compliance? 187 Bei geringen …” „… , staatsanwaltschaftliche Ermittlung und Verteidigungsstrategie. Attorney-Client Privilege und strategische Compliance …”

Titelei/Inhaltsverzeichnis

„… Inhaltsverzeichnis VIII Carsten Momsen Attorney-Client Privilege und strategische Compliance? Zum Verhältnis von …”

doi.org/10.5771/9783748922117

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