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Competence to Consent to Treatment As a Psycholegal Construct

Competence to Consent to Treatment As a Psycholegal Construct The issue of whether civilly committed patients should be extended the right to accept or refuse treatment has generated much controversy and litigation during the past 15 years. In general, the current rule is that in nonemergency situations, individuals who are competent to give informed consent to treatment should be extended the right to refuse it. Obviously, the manner in which this rule is implemented partly depends on how competence to consent to treatment is defined and measured. Most researchers have implicitly assumed that an understanding of treatment information is the sole criterion of competence. It is argued that such a definition may be incomplete and is in need of reexamination. Following a review and analysis of the relevant legal and psychological literature, a comprehensive construct of competency to consent to treatment is proposed and future directions for research are discussed. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Competence to Consent to Treatment As a Psycholegal Construct

Law and Human Behavior , Volume 8 (3-4): 19 – Dec 1, 1984

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Publisher
American Psychological Association
Copyright
Copyright © 1984 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01044693
Publisher site
See Article on Publisher Site

Abstract

The issue of whether civilly committed patients should be extended the right to accept or refuse treatment has generated much controversy and litigation during the past 15 years. In general, the current rule is that in nonemergency situations, individuals who are competent to give informed consent to treatment should be extended the right to refuse it. Obviously, the manner in which this rule is implemented partly depends on how competence to consent to treatment is defined and measured. Most researchers have implicitly assumed that an understanding of treatment information is the sole criterion of competence. It is argued that such a definition may be incomplete and is in need of reexamination. Following a review and analysis of the relevant legal and psychological literature, a comprehensive construct of competency to consent to treatment is proposed and future directions for research are discussed.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Dec 1, 1984

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