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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
    See Original
    Inverse View

    It is not the case that Guardians, trustees, and parens patriae doctrines allow courts to enforce rights on behalf of those lacking capacity without negating those rights.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Guardian-enforced rights often reflect guardian preferences, not incapacitated person's actual values, making 'enforcement' a euphemism for substituted judgment.
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    • 2.Parens patriae authority historically justified paternalistic overrides (forced sterilization, institutionalization), suggesting doctrine itself enables rights negation.
      ?

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    • 3.Distinguishing between 'enforcing rights' and 'negating rights' becomes meaningless when the incapacitated person cannot consent to or challenge the enforcement.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Rights exist independent of capacity to exercise them; a comatose patient retains bodily autonomy rights even without decision-making ability.
      ?

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    • 2.Delegated enforcement through guardians mirrors how we handle other incapacities: agents execute contracts, parents consent to medical care for minors.
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    • 3.Court oversight of guardian decisions provides accountability mechanisms that protect rights better than abandoning incapacitated persons to neglect.
      ?

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