Deciding Competency? Views from the Legal Field.
In the US, the legal system defers to medical providers most decisions about a patient’s capacity to make medical decisions. Outside of the health care decision area, while medical providers have a significant role, the courts have the final responsibility. Competency, with its implication of an all or nothing ability, is fading from the legal lexicon. Capacity is generally defined in relation to the ability to make a specific decision such as deed property, make a will, or determine placement. The legal focus is not on the decision made, but on the process of making the decision and the ability to carry out that decision. Most determinations about a patient’s capacity are made in the various state courts through the guardianship process. No national guardianship system exists. While there are general similarities in guardianship concepts, in actuality each state has different definitions of capacity, due process protections, and expectations of the physician’s or psychologist’s input and contribution to the assessment and determination of capacity.
Back to S098 How Do We Decide About Competency: Ethical Views From Clinical, Legal, Psychological and Philosophical Fields.
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