Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wpx84 Total loading time: 0 Render date: 2024-08-09T19:21:33.932Z Has data issue: false hasContentIssue false

8 - Competence and end-of-life decision making

Published online by Cambridge University Press:  05 June 2012

Robert Young
Affiliation:
La Trobe University, Victoria
Get access

Summary

In many jurisdictions there is a presumption that because competent adults have a right to self-determination their choices should be respected. For that reason, their choices are afforded legal protection against unwanted interference by others as long as they occasion neither harm nor serious offence to others. However, when adults make choices, or signal that they intend to make choices, that raise concerns about their competence, matters are often viewed very differently. Thus, for example, when patients reject the recommendations of those in charge of their health care, their capacity to make decisions about their own health will often be challenged. This is especially apt to be the case in circumstances where life is at stake. In such circumstances some health care professionals are loath to accept a decision as competent unless it can be shown to be rationally justified. As far as these health care professionals are concerned, rejection of medical advice aimed at preserving life is evidence of irrationality. Nevertheless, in jurisdictions where respect is paid to individual self-determination, the law firmly supports a competent patient's right to refuse treatment, even though there is no agreed account of the requirements that have to be satisfied for someone to be regarded as competent. The law does, however, permit doctors to override the decisions of patients deemed not to be competent. This has particular significance for end-of-life care because those opposed to the legalisation of voluntary medically assisted death have often alleged that many who might wish to take advantage of its legalisation lack the necessary competence.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×