ADVANCE DIRECTIVES, AIDS, AND MENTAL HEALTH: TJ Preventive Law for the HIV-Positive Client

Unfortunately, the possibility of future incapacity to engage in health care decision making remains one of the many potential legal problems faced by HIV-positive clients. Consequently, proactive legal planning, including the use of advance directives, is widely recognized as an important element i...

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Bibliographic Details
Published in:Psychology, public policy, and law public policy, and law, 1998-09, Vol.4 (3), p.854-877
Main Author: Stolle, Dennis P
Format: Article
Language:English
Subjects:
Advance Directives
HIV
Human
Legal Decisions
Legal Processes
Mental Health
Well Being
Online Access:Get full text
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Summary:Unfortunately, the possibility of future incapacity to engage in health care decision making remains one of the many potential legal problems faced by HIV-positive clients. Consequently, proactive legal planning, including the use of advance directives, is widely recognized as an important element in avoiding legal crises for HIV-positive persons. The author suggests that, in light of the emotional and psychological difficulties that an HIV-positive client may face, considerations of psychological well-being ought to be explicitly recognized as one priority among many in legal planning. By integrating principles of therapeutic jurisprudence and preventive law, a lawyer can both protect an HIV-positive client's legal rights by planning for legal contingencies and enhance the client's psychological well-being by making emotional concerns one priority in that planning process.
ISSN:1076-8971
1939-1528
DOI:10.1037/1076-8971.4.3.854