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Anja Fenge
Selbstbestimmung im Alter
Eine rechtsvergleichende Analyse
[Self-Determination of the Elderly. A Comparative Analysis of the Potential Influence of Elderly People Regarding the Management of their Assets in the Case of Mental Impairment. By Anja Fenge.]
2002. XVIII, 253 pages. Published in German.
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Summary
In a society in which the number of older people is increasing constantly, mental disabilities which often accompany the ageing process will increase along with the need for help and care. A new perception of the rights of handicapped persons has led to a general review of rules pertaining to this in many countries. While reforms and current public discussions commonly focus on the care of the person concerned, the rules pertaining to the assets of a mentally impaired person have been neglected, at least in Germany. Anja Fenge's analysis examines the structure of the Scottish, American and German laws, dealing in particular with the recent Scottish reform. She shows that the systems emphasize the principle of minimum intervention and maximum help and encourage a person to use his own skills. The author uses this comparison to provide ideas for reforms in Germany.