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(单词翻译:双击或拖选)
I talked yesterday about two bills before the legislature that would make it more difficult for hospitals to honor "do not resuscitate1" orders, especially if an individual was unconscious and their stated desire to allow someone to die was opposed by a family member.
This made me wonder about who legally has the right to make decisions in such cases, especially when there is some question about someone's soundness of mind. Since Michigan closed most of its state hospitals in the 1990s, mental health care in this state has sometimes resembled the Wild West, with a patient's fate dependent on a particular probate judge.
A savvy2 young woman named Lydia Bates from Ferndale heard me speak recently and came to my office to ask what I knew about the legal procedures surrounding guardianship5 in Michigan. I had to tell her not very much, other than that probate courts could and did appoint guardians4 for those incapable6 of managing their affairs.
But many others aren't; and after some often frustrating7 years, Ms. Bates told me Michigan's entire system is jury-rigged and often ripe for abuse.
Under Michigan law, a guardian3 is someone appointed by probate court to make decisions for "an incapacitated individual who lacks the capacity or understanding to make those decisions," whether because of mental illness or deficiency or a wide variety of other reasons, including drug or alcohol abuse.
There are separate legally sanctioned procedures to appoint a Conservator to manage such a person's estate while alive, or Public Administrators8 to handle their assets after they die.
And if you find all this a confusing array of bureaucracy, that's because you are normal. In Oakland County, where Ms. Bates lives, she told me that Public Administrators are often assigned as guardians, even though she believes this is directly contrary to the intent of the state statute9.
I am not a lawyer, and can't say for certain she's right. But I do know that the Oakland County treasurer10 and clerk believe there are abuses that allow some unscrupulous administrators to cash in on estates. They are backing two bills to fix this that have passed the house but are languishing11 in the senate. (HB 4821 and 4822)
Lydia Bates has decided12 to make preventing abuses in the guardianship process her life's work, and is in the process of starting a non-profit called the Oakland County Community Guardianship Association, which she hopes will not only create a public option for guardianship but take more of a community than a legalistic approach.
I am impressed by her idealism and dedication13, but it also really struck me that in many ways, governments at all levels are forbidding, frightening mazes14 that are almost impossible for an average person to navigate15. What I'd like to see is every government create an interactive16, user-friendly website so people can easily find out what they do and don't do and where to go for services or problems. We live in an age of profound and growing alienation17.
Making it possible to understand the system could do a lot to overcome that.
Jack18 Lessenberry is Michigan Radio's Senior Political Analyst19. Views expressed in his essays are his own and do not necessarily reflect those of Michigan Radio, its management or the station licensee, The University of Michigan.
1 resuscitate | |
v.使复活,使苏醒 | |
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2 savvy | |
v.知道,了解;n.理解能力,机智,悟性;adj.有见识的,懂实际知识的,通情达理的 | |
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3 guardian | |
n.监护人;守卫者,保护者 | |
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4 guardians | |
监护人( guardian的名词复数 ); 保护者,维护者 | |
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5 guardianship | |
n. 监护, 保护, 守护 | |
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6 incapable | |
adj.无能力的,不能做某事的 | |
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7 frustrating | |
adj.产生挫折的,使人沮丧的,令人泄气的v.使不成功( frustrate的现在分词 );挫败;使受挫折;令人沮丧 | |
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8 administrators | |
n.管理者( administrator的名词复数 );有管理(或行政)才能的人;(由遗嘱检验法庭指定的)遗产管理人;奉派暂管主教教区的牧师 | |
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9 statute | |
n.成文法,法令,法规;章程,规则,条例 | |
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10 treasurer | |
n.司库,财务主管 | |
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11 languishing | |
a. 衰弱下去的 | |
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12 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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13 dedication | |
n.奉献,献身,致力,题献,献辞 | |
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14 mazes | |
迷宫( maze的名词复数 ); 纷繁复杂的规则; 复杂难懂的细节; 迷宫图 | |
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15 navigate | |
v.航行,飞行;导航,领航 | |
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16 interactive | |
adj.相互作用的,互相影响的,(电脑)交互的 | |
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17 alienation | |
n.疏远;离间;异化 | |
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18 jack | |
n.插座,千斤顶,男人;v.抬起,提醒,扛举;n.(Jake)杰克 | |
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19 analyst | |
n.分析家,化验员;心理分析学家 | |
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