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Abstract:
Much attention has been brought to the variety of legal and treatment problems that arise when encountering incompetent patients. Either incompetent patients are not discharged when there is no longer a need for hospitalization, or the patient is discharged with little hope that after treatment plans will be followed. Both situations are costly and ineffective. Problems associated with treating incompetent patients can be anticipated and minimized. This article suggests mechanisms in the form of preventive discharge planning and durable powers of attorney. The authors also emphasize the benefits of building and maintaining relationships with attorneys for the purpose of providing public information seminars and legal assistance to families.