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Re: What kind of subject release for alzheimer's patient?

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Mark SuszkoRe: What kind of subject release for alzheimer's patient?
by on May 1, 2012 at 8:41:59 pm

You want them to show you they have a durable power of attorney, which gives the caregiver all the contractual power. The patient's competency is then never an issue; it's between you and the caregiver.

Someone else could still fight it; say, a distressed relative that thinks what you're shooting damages the patient's reputation or something. It should not just be a DPA for medical decisions, but for all legal issues of the patient. Then I think a judge will likely find for you in such a dispute. The key is never to end up in court, but to discourage anybody from taking the time and money to fight by showing you have a stronger hand and law on your side. No I am not a lawyer. Then again, neither do I charge like one.

A clause about this project in a patient's Living Will couldn't hurt, if you can prove he's still mentally competent when he signed it.

It should have some kind of language like: "I understand today, as I sign this, that as my condition advances, my ability to judge what is in my best interest will degrade, and that I may do or say things unflattering to my reputation. I want to let you film the progression of my disease and all of it's deleterious effects, and though those will shock and offend some people, I want that truth to be shown, without any complaints on my behalf. I want this, I understand the implications and I approve this documetary project and I approve any use the maker of it makes of his footage capturing my senescence. I assure you: I will not be in a position to care or be offended in the end. I do however take comfort in knowing I can have my story told to posterity free of interference. I want this film to tell my story, both good and bad, to a future I will not be a part of. I want this footage to speak for me. This is my desire and I grant permission freely of my own will, while I still have my faculties intact."

I would have the patient record that on-camera and then sign it, on camera, with a notary public witnessing it, on camera.

Then I think you have a strong hand, in case the Estate decides to monkey with you later.

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