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Makoto Arai, Ulrich Becker, Volker Lipp - Adult Guardianship Law for the 21st Century

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Makoto Arai (ed.), Ulrich Becker (ed.), Volker Lipp (ed.)

Adult Guardianship Law for the 21st Century

Series: Schriften zum Familien- und Erbrecht

Volume 9 2013

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

„… Chapter III: Workshops 229 Workshop 1: Personal Affairs and Consent to Medical Treatment …” „… medical treatment in the field of informed consent is insufficient, and therefore fails to meet demand for …” „… requested by medical institutions to give consent to medical treatment, which seems to confuse those who …”

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

„… Persons with Disabilities 130 C. Forced medical treatment within adult protection measures 132 Adult …” „… light of the UN convention. C. Forced medical treatment within adult protection measures In Germany …” „… there is a discussion about forced medical treatment within adult protection measures. Today forced …”

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

„… restrictive period of time (a maximum of seven years), for example, for medical treatment, financial affairs …” „… someone or consent to serious medical treatment) require approval by the probate court to be legally …” „… discharge its duties in guardianship matters and especially of oversight to certain medical treatment on the …”

Charles Chiu Chung-yee Adult Guardianship in Hong Kong S. 59-63

„… purpose; − to require the person concerned to attend at a place and time for medical or dental treatment …” „… , special treatment, occupation, education or training; − to consent to medical or dental treatment if the …” „… their own decisions about their personal affairs, financial matters or medical or dental treatments, in …”

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

„… covers financial matters management and does not have the right to consent to medical treatments. On …” „… agreement on the division of inherited property, medical treatment in the case of unconsciousness or any …” „… grants a guardian the right to consent to medical treatment. If a principal cannot make a decision by …”

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

„… indispensable in protection of the principal, such as representation for consent to medical treatment.2 As a …” „… person shall not fail to pay attention daily to medical treatment and protection of the incompetent …” „… medical treatment), which has been pointed out as a problem of the existing system for people without the …”

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

„… people engaged in healthcare, medical treatment and welfare. With these existing networks as a backdrop …” „… medical treatment, rehabilitation and welfare services. In addition, they have to struggle with the …” „… existed various networks in the fields of healthcare, medical care and welfare. The Izumo Adult …”

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

„… Medical Treatment’, 2004, Consultation Paper of the Law Reform Commission of Hong Kong. 7 In fact …” „… was on the treatment and institutionalization of the mentally incapacitated. In the past few decades …” „… treatment and property affairs when capacity is lost; the provision of a range of services from assistance …”

Yokohama Declaration 2010 S. 329-335

„… this point should be revised. The guardian should be able to consent to medical treatment for the …” „… demographic factors, social changes, medical advances, and improvements in living conditions; (2) the …” „… of action; 333 (6) protect the adult from ill-treatment, neglect, abuse, and exploitation; (7 …”

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

„… addition to the management of financial matters, livelihood care issues (such as securing medical …” „… treatment, housing, hospitalization, care, sustenance, education and rehabilitation) are decided upon and …” „… this sort of treatment really acceptable? As I have already mentioned, guardianship type measures …”

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 …” „… appreciate and you must have it as a legal task, not a medical task. I took with great mark Professor Arai’s …” „… comment about the medical diagnosis and that is very much the manner. Though the challenge we have in …”

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

„… concept of illness and illness related medical treatment Lang, in: Becker/Kingreen (eds.), SGB V …” „… medical care. Such a comprehensive advance directive is not to be understood as a guardianship instrument …” „… verbally or by implication. Form restrictions must be observed, though, in cases where medical or …”

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

„… the event of his incapacity, can consent to medical treatment on his behalf (i.e. a health care proxy …” „… guardians where necessary. Members could include medical and mental health personnel as well as judges. The …”

Titelei/Inhaltsverzeichnis S. 2-10

„… : Personal Affairs and Consent to Medical Treatment Shoichi Ogano 229 Workshop 2: Quality and Training of …”

Andreas Kruse Dementia and Quality of Life – an Empirical and Ethical Approach S. 95-103

„… addition, numerous situations in the activation, nursing care and medical treatment contexts were recorded …” „… conditions – appropriate medical, nursing and social care and support, the existence of stimulating …”

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

„… uneasy when consent for medical treatment is of the ward is requested by a doctor. Thus, it is important …”

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

„… care and readily available medical treatment. The adult child is anxious his or her parents shall not …” „… circumstances where income is inadequate to meet the particular costs that have arisen. Medical needs and …” „… medical needs, the trustees do not have to meet requests, for instance, for luxury clothes and holiday …”

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

„… as the adult’s medical treatment, the adult’s financial position, and where and with whom the adult …” „… well-recognised rules aimed at ensuring fair treatment of people who seek or oppose the making of a decision …”

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

„… treatment decisions for Olympic visitors from across the globe. As a result, there is increasing interest in …” „… . Vision for 2020 − Trends in Law, Policy and Services 57 IX. End of Life Decision Making − Medical …”

doi.org/10.5771/9783845246734

Federal Constitutional Court - Decisions of the Federal Constitutional Court

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Federal Constitutional Court (ed.)

Decisions of the Federal Constitutional Court

2022

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12. BVerfGE 142, 313 - Coercive Medical Treatment (2016) S. 149-161

„… No. 12BVerfGE 142, 313 – Coercive Medical TreatmentHEADNOTESto the Order of the First Senate of 26 …” „… from the site of coercive medical treatment.REASONS:A.The Federal Court of Justice referred to the …” „… be provided medical treatment even if that treatment is against their natural will.2. a) Judicial …”

11. BVerfGE 128, 282 - Coercive Treatment in Psychiatric Confinement under Criminal Law (2011) S. 138-148

„… LawHEADNOTESto the Order of the Second Senate of 23 March 20112 BvR 882/091. Medical treatment of persons in …” „… confinement’s objective.2. Coercive medical treatment administered to achieve the confinement’s objective is …” „… necessity of medical treatment or for acting upon this insight. Coercive medical treatment may only be used …”

30. BVerfGE 89, 69 - Mandatory Medical-Psychological Assessment - conditions for retaining driving licence (1993) S. 389-397

„… No. 30BVerfGE 89, 69 – Mandatory Medical-Psychological AssessmentHEADNOTEto the Order of the First …” „… medical-psychological assessment report on their fitness to drive.FEDERAL CONSTITUTIONAL COURT- 1 BvR 689/92 -IN THE …” „… an order that [the holder of a driving licence] submit a medical-psychological assessment report on …”

4. BVerfGE 49, 286 - Transsexuals I - legal sex (1978) S. 48-55

„… irreversible according to medical findings and gender reassignment surgery has been undergone.FEDERAL …” „… basic psycho-sexual structure of transsexuals by means of psychotherapy or hormone treatment have failed …” „… so far. According to scientific opinion, the only effective and helpful treatment is to adapt the …”

13. BVerfGE 153, 182 - Assisted Suicide* - right to a self-determined death (2020) S. 162-187

„… VIII; 142, 313 <339 para. 74> – Coercive Medical Treatment). This right guarantees the basic conditions …” „… its course (cf. in terms of the outcome BVerfGE 142, 313 <341 para. 79> – Coercive Medical Treatment …” „… Confinement under Criminal Law; 142, 313 <339 para. 74> – Coercive Medical Treatment; regarding medical …”

Contents/Introduction

„… ensures that individuals cannot be subjected to medical treatment against their will. The rapid progress …” „… Coercive Medical Treatment (2016) 12713. BVerfGE 153, 182 Assisted Suicide* - right to a self-determined …” „… , 282 Coercive Treatment in Psychiatric Confinement under Criminal Law (2011) 11612. BVerfGE 142, 313 …”

INTRODUCTORY REMARKS S. 10-22

„… whether and to what extent coercive measures such as invol-untary medical treatment may be administered …” „… respect for their dignity (Coercive Medical Treatment, Coercive Treatment in Psychiatric Confinement under …” „… particularly sensitive area. The cases presented in this chapter concern access to information like treatment …”

42. BVerfGE 129, 208 - The Telecommunications Surveillance Revision Act (2011) S. 628-647

„… patient’s medical history, diagnosis or treatment are not necessarily part of the inviolable intimate sphere …” „… (Wirtschaftsprüfer-kammer), the German Medical Association (Bundesärztekammer), the German Lawyers Association (Deutscher …” „… right to equality is to avoid unjustified unequal treatment of persons; thus, the legislator is …”

29. BVerfGE 44, 353 - Addiction Counselling Agency - seizure of client records (1977) S. 380-388

„… treatment. The ‘tearoom’ serves as a gathering place where young people can meet each other and the …” „… counsellors several nights a week. It is intended to facilitate counselling and treatment. For every client …” „… inviolable intimate sphere of the clients, they do belong to their private sphere. Thus, similar to medical …”

TABLE OF LEGAL ACTS CITED S. 5-9

„… Cus-todian to Coercive Medi-cal TreatmentGesetz zur Regelung der betreuungsrechtlichen Einwilligung in eine …”

27. BVerfGE 128, 109 - Transsexuals VIII - no surgery requirement (2011) S. 360-371

„… pursuant to § 8(1) of the Transsexuals Act (‘big solution’). However, she is receiving hormone treatment …” „… requirements of § 1(1) of the Transsexuals Act to specify conditions, for instance, regarding medical care for …” „… basis, in the context of a medical diagnosis (cf. BVerfGE 115, 1 <21> – Transsexuals V). The lasting and …”

Appendix - Basic Law for the Federal Republic of Germany S. 784-893

„… persecution nor inhuman or degrading punishment or treatment exists. It shall be presumed that a foreigner …” „… treat-ment of these parties and of payments made to those parties shall cease.(4) The Federal Constitutional …” „… medical profession and to ancillary professions or occupations, as well as the law on pharmacies …”

16. BVerfGE 147, 1 - Third Gender Option - civil register entry for intersex persons (2017) S. 207-217

„… under Art. 3(3) first sentence of the Basic Law and a violation of the right to equal treatment under …” „… Council (Deutscher Ethikrat), the German Medical Association (Bundesärztekammer), the German Institute for …”

15. BVerfGE 115, 1 - Transsexuals V - change of first name (2005) S. 197-206

„… trans-sexuality is irreversible according to medical findings and if gender reassignment surgery has been carried …” „… . Rather, it must be deter-mined individually and over the course of treatment whether gender reassignment …”

45. BVerfGE 154, 152 - Surveillance of Foreign Telecommunications* - Federal Intelligence Service’s powers to intercept communications of foreigners abroad (2020) S. 734-783

„… >; 142, 313 <345 para. 88> – Coercive Medical Treatment; 148, 296 <351 para. 128>; BVerfGE 152, 152 <176 …” „… human rights guarantees (cf. BVerfGE 111, 307 <317 and 318>; 128, 282 <306 and 307> – Coercive Treatment …”

23. BVerfGE 119, 1 - Esra - prohibition of a literary work (2007) S. 284-310

„… <373 and 374> – Diary-Like Notes; 89, 69 <82 and 83> – Mandatory Medical-Psycho-logical Assessment; 109 …” „… - 286 -139140-141142143144145treatments of circumstances that can be observed intersubjectively together …”

doi.org/10.5771/9783748930006

Michael Welker, Eva Winkler, John Witte Jr., Stephen Pickard - The Impact of Health Care

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Michael Welker (ed.), Eva Winkler (ed.), John Witte Jr. (ed.), Stephen Pickard (ed.)

The Impact of Health Care

2023

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Christine Thomas Ethical Tensions in the Medical Treatment of Elderly Patients in Geriatrics and Geriatric Psychiatry S. 45-50

„… Ethical Tensions in the MedicalTreatment of Elderly Patients inGeriatrics and Geriatric …” „… Treatment of Elderly Patients 47ate adjustments to the medical infrastructure (for example, adapting …” „… Tensions in the Medical Treatment of Elderly Patients 49 …”

Eva C. Winkler Time for a New Oath? The Role of the Individual Physician’s Ethos and Institutional Ethics in the Face of Economization of the Health-Care System S. 23-34

„… undertreatment, when physicianswithhold beneficial medical treatments from their patients for cost reasons …” „… particular,with a number of wake-up calls. The Association of the Scientific Medical Soci-eties in Germany (AWMF …” „… ) published an action paper against the undue influ-ence of economic interests on medical decisions.1 The …”

Titelei/Inhaltsverzeichnis S. 1-20

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Christine ThomasEthical Tensions in the Medical Treatment of Elderly Patients inGeriatrics and …” „… means—other economicincentives can compromise the quality of treatment and trust in the entire med-ical …” „… Thomas specifies such challenges with respect to the medical treat-ment of elderly patients. She …”

Thorsten Moos Health-Care Chaplains and Medical Ethics: Clinical and Educational Experiences S. 165-174

„… Health-Care Chaplains and MedicalEthics: Clinical and EducationalExperiences1Thorsten MoosEthics …” „… on a treatment decision near the end of life. Since the patientdoes not comment on the situation or …” „… is possibly no longer able to comment,other persons come into play: relatives, medical staff …”

Andreas Unterberg, Pavlina Lenga The Impact of Advances in Surgical Techniques and Quality-of-Life Considerations on Ethical Decision-Making and Education in Neurosurgery S. 101-118

„… plays anessential role in clarifying the goals of medical treatment, defining the care plan,initiating …” „… to a right and ethical SDM pro-cess is patient-centered treatment.Sociological ConsiderationsThe …” „… drastically, and oncological treatment has incorporatedthe use of novel chemotherapeutic and antibody-based …”

Anthony D. Ho The Impact of Advances in Stem Cell and Genome Research on Ethical Decision-Making S. 53-64

„… experimental treat-ment with unknown risks.2. Very few medical experts—in this case only one—have the courage …” „… determine whether a novel treatment strategy is supe-rior to conventional treatment.In 1987, the initiation …” „… treatments.Heidelberg and Berlin, 2002–07The next story revolves around stem cell research, and the series of events …”

Giovanni Rubeis, Nadia Primc Ethical Aspects of Digital Transformation in Medicine and Health Care S. 121-136

„… personalized treatment.However, there is also the potential for disrupting clinical practices and rela-tions …” „… ) and big data in diagnostics, treatment decision,and scientific research. Digitalization is discussed …” „… paper-based medical charts withdigital communication and documentation tools (email, electronic health …”

Ruth M. Farrell The Acceptance of Genetic Technologies by Individuals, Societies, and Health-Care Systems S. 65-76

„… conditions. In our cur-rent health paradigms, this could be a medical or surgical treatment that couldimprove …” „… thesignificance of fetal genomic information before birth. These challenges are alsoclosely tied to medical …” „… birth; or coordinating household, health care, and financialpreparations for a child with medical needs …”

Beate Ditzen, Christian P. Schaaf Family Decision-Making in Times of Genomic Newborn Screening S. 137-150

„… of the disease and prevention and treatment beginningright after birth and even before initial …” „… clearly determinea specific outcome. This means that medical communication and psychologicalconcepts of …” „… and to increase quality of life and life expectancy. Consequently—andgiven the clear medical advantage …”

Karen Nolte On the History of the Nursing Ethos in Germany S. 153-164

„… educated to conscientiouslyfollow medical regulations.In 1832, the Berlin surgeon Johann Friedrich …” „… : Schwanische Buchhandlung, 1782).scientiously carry out medical orders and “literally” what he was ordered to …” „… doby the doctor.2While doctors around 1800 sought to establish nursing as a medical auxil-iary activity …”

Günter Thomas Mercy under Conditions of Scarcity and the Need for Organization; or, Where Is the Humane Ethos Located in the Health-Care System? An Outline of the Problem S. 35-44

„… Schnittpunktevon Christentum und Medizin (Hildesheim: G. Olms Verlag, 2002).5 On the systemic nature of medical …” „… Organization 37erences of the medical staff or even the patients. It is true, however, that orga-nizations, and …” „… the organization—that is, the treatment of pa-tients—cannot be boundaryless and can only ever be …”

Karla Alex, Eva C. Winkler Ethical Discourse on Epigenetics and Genome Editing: The Risk of (Epi!)Genetic Determinism and Scientifically Controversial Basic Assumptions S. 77-100

„… cells (somaticepigenome editing).Application /Use cases Treatment of genetic diseases, e. g …” „… formation orfunction of the red blood pig-ment hemoglobin with some-times severe symptoms. Treatment of …” „… concept of genetic exceptionalism in debates about the special treat-ment of genetic versus nongenetic …”

Gregor Etzelmüller Medical Anthropology and Theology on Human Destiny S. 175-196

„… Medical Anthropology and Theologyon Human DestinyGregor EtzelmüllerThe Heidelberg physician and …” „… head of the neuro-logical department at the Medical Clinic in Heidelberg, from 1941 to 1945 full …” „… medicine in Germany. The theory of this form of psychoso-matic medicine is medical anthropology. As a first …”

doi.org/10.5771/9783374073054

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Walt Karniski, MD

ADHD Medication

2022

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Chapter 3: From Silk to Ritalin: A History of the Medical Treatment of Attention Deficit Hyperactivity Disorder S. 49-60

„… it methamphetamine.3Chapter 3FROM SILK TO RITALINA History of the Medical Treatment of Attention …” „… they were being medically neglectful for not providing appropriate medical treatment for their children …” „… 49Chinese medicine has used the ephedra plant for more than five thousand years as a treatment for …”

Chapter 1: What Is ADHD and How Has It Evolved? S. 1-16

„… definitely not written to encourage you to change aspects of your child’s medical treat-ment without your …” „… areas and are very knowl-edgeable about both medication and non-medication treatments.I would like to …” „… of other medical problems your child might have. Pediatricians are extremely knowledgeable, not only …”

Chapter 5: Could ADHD Medication Help My Child? S. 81-102

„… 25–30 minutes, on the first day of treatment.However, stimulant medications also wear off quickly, so …” „… hailed as a medical break-through, sometimes referred to as the “magic bullet.” But even as effective as …” „… before you could see their effect. If a patient has a bacterial pneumonia and antibiotic treatment is …”

Preface

„… How Does It Feel? 173 From Silk to Ritalin: A History of the Medical Treatment of Attention Deficit …” „… medical manual, and the data presented here are meant to assist the reader in making informed choices …” „… regarding wellness. This book is not a replacement for treatment(s) that the reader’s personal physician may …”

Notes S. 283-308

„… on Scientific Affairs, American Medical Association, L. Goldman et al., “Diagnosis and Treatment of …” „… in Young Treatment-Naive Children with ADHD,” Journal of Attention Disorders 19, no. 11 (2015 …” „… Attention Deficit Hyperactivity Disorder in Children and Adolescents,” Journal of the American Medical …”

Chapter 12: Ten Non-Stimulant Medications to Treat ADHD S. 251-266

„… for the treatment of hypertension.Tourette’s syndrome is a medical condition characterized by …” „… after a major medical conference on ADHD. Strattera had just been approved for the treatment of ADHD in …” „… 251 Stimulant medications are highly effective for the treatment of ADHD, but these medications can …”

Index S. 309-320

„… evolved, 67–71ADHD Diagnosis, 7–14, 42–43American Medical Association Consensus Statement, 1998, 11 …” „… (realigning bones in the skull), 99candida yeast infection treatment, 99EEG biofeedback (training to increase …” „… American Medical Association, 11, 89311Index American Medical Association Scientific Counsel, 89–91American …”

Chapter 6: Why Are There So Many Different Medications for the Treatment of ADHD? S. 103-124

„… MEDICATIONS FOR THE TREATMENT OF ADHD?104 Chapter 6Dr. Lawrence looked at his notes for a minute, then looked …” „… about both medica-tion and non-medication treatments, but you said that you wanted to talk to Chris …” „… , three medications had been approved by the Food and Drug Administration (FDA) for the treatment of ADHD …”

Chapter 4: Is ADHD Really Real? S. 61-80

„… diagnosis requiring medical treatment and assume the ADHD is no more than a collection of personality …” „… overdiagnosed. Or, Maybe it is because the treatment of leukemia requires expensive drugs that can increase the …” „… objective medical test to confirm the diagnosis does not mean that the diagnosis is invalid. Remember that …”

Afterword S. 267-268

„… 267Suddenly I realized that this work is complete. I have tried to present many complex medical …” „… my dilemma. I have seen medication treatment awaken the creative intelligence that hides behind …” „… inattentiveness and distraction. I have seen medication treatment transform self-doubt into self-confi-dence. I …”

Chapter 11: Sixteen Brand-Name Amphetamine Medications to Treat ADHD S. 227-250

„… inhaler and was a treatment for asthma and other forms of congestion.Bradley performed his groundbreaking …” „… . About twenty years passed before the medical community recognized that this medication could also be …” „… . Nevertheless, Adderall quickly became one of the most frequently pre-scribed medications for the treatment of …”

Chapter 10: Twenty Brand-Name Methylphenidate Medications to Treat ADHD S. 193-226

„… the patch for treatment.The main reason that Daytrana excels as a stimulant treatment for ADHD can be …” „… to personalize medication treatment for your child and to maximize the benefits of medication while …” „… preparation might wear off).Short acting Ritalin should almost never be used as the sole treatment of ADHD …”

Chapter 8: Stimulant Medication Side Effects S. 139-176

„… years of stimulant medication treatment, but most studies find that children receiving stimulant …” „… years of my medical practice, I rarely, if ever, had to completely stop medication due only to appetite …” „… retained as memories or forgotten.Sleep has a complex relationship with ADHD. The most effective treatment …”

doi.org/10.5771/9781538155783

Caroline Y. Robertson-von Trotha - Tod und Sterben in der Gegenwartsgesellschaft

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Caroline Y. Robertson-von Trotha (ed.)

Tod und Sterben in der Gegenwartsgesellschaft

Series: Kulturwissenschaft interdisziplinär

Volume 3 2007

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Eduard Verhagen Regulations regarding medical decisions at the end of life of severely ill newborns in the Netherlands S. 83-93

„… intensive medical treatment, and whose suffering is sustained and severe and cannot be alleviated. An …” „… treatment from neonates: legislation and official guidelines across Europe, in: Journal of Medical Ethics …” „… confronted with patients who survive without intensive medical treatment, but where the prognosis for the …”

doi.org/10.5771/9783845205380

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