With an ageing population, the number of people with dementia is expected to increase in the coming decades. Dementia can seriously impair a person's ability to act and decide. In the Netherlands, adults can provide for such a future period of incapacity through a so-called levenstestament. A levenstestament can include the appointment of an attorney for financial, medical and/or personal matters, but also the adult's wishes, preferences and instructions regarding these matters. Over the past decade, the levenstestament has become increasingly popular in the Netherlands. A major concern, however, is that the levenstestament becomes active at a time when adults will generally be increasingly unable to supervise the execution of the levenstestament and indicate whether they are satisfied with the actions of their attorney. This book provides a thorough analysis of the current regulation and application of the levenstestament based on legal-normative and empirical research. Based on comparative law research, recommendations have been formulated to improve the regulation of the levenstestament and address problems that arise in practice. The Family & Law series broadly focuses on the debate between theory and practice in the field of Family Law. The exchange of knowledge with other disciplines, such as the Social Science, plays an important role. This series is composed of monographs, theses, conference bundles and commentaries. These publications are aimed at lawyers, notaries, judges, academics and officials from the civil registry.
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 244 mm
Breite: 170 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-90-473-0189-9 (9789047301899)
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Schweitzer Klassifikation
Rieneke Stelma-Roorda is assistant professor at the Vrije Universiteit and fellow at the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR). She is the project-manager of STRIDE, a multidisciplinary NWA-ORC consortium conducting research focusing on the legal support and protection of older adults.
1 General introduction; 2 A changing paradigm of protection of vulnerable adults and its implications for the Netherlands; 3 The misuse or abuse of continuing powers of attorney: what are appropriate safeguards?; 4 The legal basis and scope of the levenstestament in the Netherlands; 5 The levenstestament in practice; guardianship measure; 6 Decision-making by and for adults with impaired capacity: the potential of the Dutch levenstestament; 7 Continuing powers of attorney - different legal rules, similar problems and solutions: What can the Netherlands learn from Belgium, England and Wales, Germany and Switzerland?; 8 Conclusion; References; Appendix 1: Questionnaire 'Experiences of notaries with the levenstestament'; Appendix 2: Interview schedule Adult cohort 1 - interview study 'The levenstestament in practice'; Appendix 3: Interview schedule Attorney cohort 1 - interview study 'The levenstestament in practice'; Appendix 4: Interview schedule Attorney cohort 2 - interview study 'The levenstestament in practice'; Appendix 5: Country report Belgium; Appendix 6: Country report England and Wales; Appendix 7: Country report Germany; Appendix 8: Country report Switzerland
