Mental Competency

Physician-assisted suicide laws in Oregon and Washington require the person to have current competency and a prognosis of terminal illness. In The Netherlands voluntariness and unbearable suffering are required for euthanasia. Many people are more concerned about the loss of autonomy and independence in years of severe dementia than about pain and suffering in their last months. To address this concern, people could write advance directives for physician-assisted death in dementia. Should such directives be implemented even though, at the time, the person is no longer competent and would not be either terminally ill or suffering unbearably? We argue that in many cases they should be.

The present study examined the role of attributions to discrimination and competence in predicting depression among a sample of 93 Latino/a adults. The major findings showed that attributions to discrimination were related to decreases in both general competence and intercultural competence, which were in turn associated with increases in depressive symptoms. This pattern of results suggests that general and intercultural competence partially mediated the relationship between attributions to discrimination and depression. The findings are discussed within the context of the cultural adaptation process and factors that ameliorate Latino/a mental health. In addition, theoretical and practical implications are outlined along with areas of future research.

Although suicide was the 1 ith leading cause of death in the United States in zooo, the number of empirically validated treat-ments to reduce suicidality is small. Recent reviews indicate that the zo or so trials focused on reducing suicidali-ty per se have been limited with regard to ...

Philosophically, the most interesting objection to the reliance on advance directives to guide treatment decisions for formerly competent patients is the argument from the loss of personal identity. Starting with a psychological continuity theory of personal identity, the argument concludes that the very conditions that bring an advance directive into play may destroy the conditions necessary for personal identity, and so undercut the authority of the directive. In this article, I concede that if the purpose of a theory of personal identity is to provide an answer to the question What is it for a person to persist over time?, then reflection on personal identity poses a potentially serious threat to the moral authority of advance directives. However, as Marya Schechtman observes, questions about how a single person persists through change are not what most of us are interested in when we think about who a person is. Rather, we are interested in what it means to say that a particular...

CONSTRUCTING COMPETENCE: FORMULATING STANDARDS OF LEGAL COMPETENCE TO MAKE MEDICAL DECISIONS Jessica Wilen Berg, JD Paul S. Appelbaum, MD & Thomas Grisso, Ph.D.* A young woman ... Rodriguez v. Pino, 634 So. ... 31. People v. Delgado, 213 Cal ...

The perormance of two groups of hospitalized mentally ill patients (schizophrenia and major depression) and two groups of non-mentally-ill patients (patients hospitalized for ischemic heart disease and non-ill primary care patients) was compared on a standardized, objective instrument for assessing patients' understanding of information relevant for patient decision making (consent) about treatment with medication. Generally, hospitalized schizophrenic patients manifested significantly poorer understanding of “informed consent” disclosures about potential medication than did the other groups. Considerable variance, however, was apparent within the schizophrenic group and was related to a number of clinical and demographic variables. The results are interpreted with reference to issues of compatence to consent to or refuse treatment.

Seriously ill hospitalized patients have identified communication and decision making about goals of care as high priorities for quality improvement in end-of-life care. Interventions to improve care are more likely to succeed if tailored to existing barriers. To determine, from the perspective of hospital-based clinicians, (1) barriers impeding communication and decision making about goals of care with seriously ill hospitalized patients and their families and (2) their own willingness and the acceptability for other clinicians to engage in this process. Multicenter survey of medical teaching units of nurses, internal medicine residents, and staff physicians from participating units at 13 university-based hospitals from 5 Canadian provinces. Importance of 21 barriers to goals of care discussions rated on a 7-point scale (1 = extremely unimportant; 7 = extremely important). Between September 2012 and March 2013, questionnaires were returned by 1256 of 1617 eligible clinicians, for a...

Leverage is often applied to persons with mental illnesses who live in the community to encourage them to adhere to treatment. Given the underlying assumption that the targets of such leverage are unable to make good decisions about treatment on their own, one might expect that decisional incapacity regarding treatment would correlate with the use of leverage. As part of a multi-site study of leverage in community treatment, 120 subjects at two sites reported on their leverage experiences and completed a decisional capacity assessment with the MacCAT-T. No strong or consistent associations were found between capacity and use of leverage, raising questions about the basis on which decisions to employ leverage are being made.

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption repre...

Assessment of competence to stand trial is a common evaluation that can have substantial consequences for defendants and the criminal justice system. Despite a voluminous literature, much remains unknown. An obstacle to progress in understanding what is better termed “adjudicative competence” is the absence of structured, standardized research measures for assessment of defendants. This article presents the legal framework, assessment

The "mature minor doctrine" is the common-law rule that allows an adolescent who is mature to give consent for medical care. Ethical decisions regarding consent and confidentiality should be distinguished from legal requirements. Recent court decisions have altered the law, especially in regard to consent for refusal of life-sustaining treatment. There are statutory exceptions to the rule of parental consent regarding emergency care, sexually transmitted diseases, drug treatment, mental health care, pregnancy, contraception, and emancipation. A detailed analysis of the mature minor exception is presented, utilizing court case vignettes. There is minimal legal risk in allowing adolescents older than 14 years of age to give consent for treatments entailing small degrees of risk, when they can make adultlike decisions and demonstrate signs of maturity.

Dissociative identity disorder (multiple personality) is increasingly diagnosed, often follows childhood trauma. and is characterized bv riqidification of phenomena that resemble hypnosis. To inteipret dissociated aspeck of selfhood as autonomous entities is a useful heuristic; but when taken too literally, it leads to three kinds of anomaly: (1) legal: dissociators remain culpable for misdeeds carried out beyond apparent awareness or control; (2) clinical: legitimization sometimes leads not to relief, but to escalating cycles of regressive dependency; and (3) scientific: the form of dissociated entities varies with how they are defined, in ways that are intrinsically motivated and clinically manipulable. These anomalies yield to an evolutionary perspective that views dissociative identity disorder as an evolved strategy of adaptive deception of self and others; e.g., a beaten subordinate avoids further retribution by "pleading illness. " Such a deceit best avoids detectio...

Adolescents' rights to abortion have traditionally been restricted more than adults' because of their presumed immaturity. In many states, minors must obtain adult consent for an abortion, but these laws all include a “bypass” stipulation allowing minors to seek consent from a designated third party—usually a judge—if they were denied parental consent or chose not to seek it. Consent and bypass statutes were designed to promote the welfare of minors, but lack of clarity in the standards for judging maturity has made it difficult for these laws to function as intended. Data indicate that courts cannot discriminate mature from immature minors, and that minors are put at greater risk by delaying the abortion in order to obtain third-party consent. Unless an alternative to or modification of bypass legislation is adopted, the best interests of minors may continue to be jeopardized by arbitrary application of the “mature minor” standard.

Serial killers have always fascinated society. A serial killer is typically defined as a perpetrator who murders three or more people over a period of time. Most reported cases of serial killers come from the United States and Canada. In India, there are few reported cases. We present, to the best of our knowledge, the first Indian case in the literature. The present case is of a 28-year-old man, Surinder Koli. The Department of Forensic Medicine & Toxicology, All India Institute of Medical Sciences, New Delphi handled the forensic study. We present a most unique psychological investigation into the mind of a serial killer.

This commentary offers a perspective from another common law jurisdiction, specifically the law in England and Wales, where competency to stand trial on a criminal charge is known as fitness to plead. The commentary begins with a discussion on the principle of proportionality evident in health care decisions by way of comparison with the topic in the criminal arena. Fitness to plead is an historical legal concept and employs an intellectual test that has evolved very little since its appearance in case law. There have been amendments, through statute, to its procedure and outcomes following a determination of being unfit to plead. However, competency to stand trial in England and Wales remains a more marginal issue than in the United States. Recent developments in domestic and European jurisprudence have been related to consideration of the requirements for a fair trial, driven by the demands of the European Convention on Human Rights.

Patients who face making a high-stakes decision-whether or not to accept a lifesaving intervention-may make a decision that their careproviders believe is deeply and dangerously mistaken. How can careproviders best help patients in such situations? If a determination of competency exam seems to be in the patients' best interests, how can careproviders refer their patients without betraying their patients' trust, given that the trust between patients and careproviders is one of the most powerful tools careproviders have in working with patients? Ethically, is it possible for careproviders to participate in determinations of competency for their own patients? I will present approaches that careproviders can adopt to help patients who "won't budge" when making what appear to be dangerously erroneous choices regarding lifesaving interventions.