scholarly journals Hidden substance: mental disorder as a challenge to normatively neutral accounts of autonomy

2013 ◽  
Vol 9 (1) ◽  
pp. 53-70 ◽  
Author(s):  
Fabian Freyenhagen ◽  
Tom O'Shea
Keyword(s):  
Anorexia Nervosa ◽  
Mental Disorder ◽  
False Positives ◽  
Mental Capacity ◽  
Functional Tests

AbstractMental capacity and autonomy are often understood to be normatively neutral – the only values or other norms they may presuppose are those the assessed person does or would accept. We show how mental disorder threatens normatively neutral accounts of autonomy. These accounts produce false positives, particularly in the case of disorders (such as depression, anorexia nervosa and schizophrenia) that affect evaluative abilities. Two normatively neutral strategies for handling autonomy-undermining disorder are explored and rejected: a blanket exclusion of mental disorder, and functional tests requiring consistency, expression of identity, reflective non-alienation or lack of compulsion. Finally, we suggest ways in which substantivist alternatives to neutrality can be made more promising through increased transparency, democratic contestability of conditions for capacity and autonomy, and a historically sensitive caution concerning restrictions of liberty.

The law relating to mental capacity and mental health

2013 ◽  
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Well Being ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act

This chapter will examine two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, and other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focussed, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own well-being, or to the well-being of others. The relationship between the two areas is not always clear.

scholarly journals Mental capacity to consent to treatment and the association with outcome: A longitudinal study in patients with anorexia nervosa

BJPsych Open ◽  
2017 ◽  
Vol 3 (3) ◽  
pp. 147-153 ◽  
Author(s):  
Isis F.F.M. Elzakkers ◽  
Unna N. Danner ◽  
Lot C. Sternheim ◽  
Daniel McNeish ◽  
Hans W. Hoek ◽  
...  
Keyword(s):  
Decision Making ◽  
Anorexia Nervosa ◽  
Longitudinal Study ◽  
Adult Female ◽  
Favourable Outcome ◽  
Mental Capacity ◽  
Admission Rates ◽  
Prognostic Relevance ◽  
Consent To Treatment ◽  
Neuropsychological Assessments

BackgroundRelevance of diminished mental capacity in anorexia nervosa (AN) to course of disorder is unknown.AimsTo examine prognostic relevance of diminished mental capacity in AN.MethodA longitudinal study was conducted in 70 adult female patients with severe AN. At baseline, mental capacity was assessed by psychiatrists, and clinical and neuropsychological data (decision-making) were collected. After 1 and 2 years, clinical and neuropsychological assessments were repeated, and remission and admission rates were calculated.ResultsPeople with AN with diminished mental capacity had a less favourable outcome with regard to remission and were admitted more frequently. Their appreciation of illness remained hampered. Decision-making did not improve, in contrast to people with full mental capacity.ConclusionsPeople with AN with diminished mental capacity seem to do less well in treatment and display decision-making deficiencies that do not ameliorate with weight improvement.

scholarly journals GANGGUAN MAKAN ANOREXIA NERVOSA DAN BULIMIA NERVOSA PADA REMA

2018 ◽  
Vol 4 (3) ◽  
pp. 10
Author(s):  
Hetty Krisnani ◽  
Meilanny Budiarti Santoso ◽  
Destin Putri
Keyword(s):  
Eating Disorders ◽  
Body Composition ◽  
Anorexia Nervosa ◽  
Eating Disorder ◽  
Bulimia Nervosa ◽  
Mental Disorder ◽  
Disordered Eating ◽  
Body Fat ◽  
Eating Habits ◽  
The Ideal

ABSTRAKMasa remaja merupakan masa perubahan dramatis dalam diri seseorang. Salah satu perubahan yang terjadi adalah perubahan komposisi tubuh, terutama akumulasi lemak tubuh pada remaja puteri. Dengan adanya akumulasi lemak tubuh tersebut, ada anggapan bahwa mereka tidak memiliki tubuh semenarik yang diinginkan. Hal ini akan mendorong remaja puteri mencari jalan keluar agar memiliki tampilan fisik yang ideal, salah satunya adalah dengan melakukan perubahan kebiasaan makan yang umumnya menyimpang. Kebiasaan makan yang tidak benar itu dapat mengakibatkan terjadinya gangguan makan atau eating disorder yang dapat berdampak buruk bagi remaja. Eating disorders (ED) merupakan gangguan mental yang meskipun berhubungan dengan pola makan dan berat badan, gangguan tersebut bukanlah mengenai makanan, tetapi mengenai perasaan dan ekspresi diri. Pada umumnya, penderita ED adalah mereka yang memiliki kepercayaan diri rendah. Terdapat dua macam ED, yaitu anorexia nervosa dan bulimia nervosa. Kedua gangguan tersebut mempunyai tujuan yang sama, yaitu menguruskan badan. ABSTRACTAdolescence is a time of dramatic change in a person. One of the changes that occur are changes in body composition, especially the accumulation of body fat in girls. Given the accumulation of body fat, there is the assumption that they do not have a body as attractive as desired. This will encourage the girls find a way out in order to have the ideal physical appearance, one is to change eating habits are generally distorted. Improper eating habits can result in eating disorders or disordered eating can be bad for teens. Eating disorders (ED) is a mental disorder even though associated with diet and weight, the disorder is not about food, but about feelings and self-expression. In general, patients with ED are those who have low confidence. There are two kinds of ED, namely anorexia nervosa and bulimia nervosa. Both of these disorders have the same goal, which is to lose weight.

Testamentary capacity

2013 ◽  
Author(s):  
Robin Jacoby
Keyword(s):  
Older People ◽  
Mental Disorder ◽  
Old Age ◽  
Mental Capacity ◽  
Testamentary Capacity

In most Anglophone jurisdictions the mental capacity to make a Will is governed by the Banks v Goodfellow judgment of 1870. This requires a testator to know what a Will is, the extent of his estate, and who might expect to benefit from his bounty. No mental disorder may affect the disposition of his estate. Older people, especially those with dementia and delirium, are liable to change their Wills under the influence or abuse of others, which leads to acrimonious family disputes. Old age psychiatrists are increasingly called upon to assess the capacity of people about to make Wills, as well as retrospective assessments of the capacity of deceased persons whose Wills are challenged in the courts.

The law relating to mental capacity and mental health

2020 ◽  
pp. 907-916
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act ◽  
The Relationship

This chapter examines two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, as well as other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focused, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own wellbeing, or to the wellbeing of others. The relationship between the two areas is not always clear.

scholarly journals Asperger syndrome from childhood into adulthood

2004 ◽  
Vol 10 (5) ◽  
pp. 341-351 ◽  
Author(s):  
Tom Berney
Keyword(s):  
Asperger Syndrome ◽  
Mental Disorder ◽  
Psychiatric Disorders ◽  
Child Psychiatry ◽  
Mental Capacity ◽  
Comorbid Psychiatric Disorders ◽  
Wide Range ◽  
Psychiatric Issues

Asperger syndrome, a form of autism with normal ability and normal syntactical speech, is associated with a variety of comorbid psychiatric disorders. The disorder is well known to child psychiatry, and we are beginning to recognise the extent of its impact in adulthood. The article reviews the diagnosis and assessment of Asperger syndrome and its links with a wide range of psychiatric issues, including mental disorder, offending and mental capacity. It also describes the broader, non-psychiatric management of Asperger syndrome itself, which includes social and occupational support and education, before touching on the implications the disorder has for our services.

scholarly journals Safeguards for informal patients

2014 ◽  
pp. 71
Author(s):  
Aswini Weereratne
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Residential Care ◽  
Elderly Person ◽  
Mental Capacity ◽  
Best Interests ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

<p>In light of the plethora of new provisions safeguarding patients who might previously have been cared for and treated informally, it may be instructive to consider who may now be considered a truly informal patient, i.e. one for whom neither process nor formality is needed. When applied to an incapacitated<br />patient requiring treatment for mental disorder, the word “informal” may now seem oxymoronic and possibly redundant. Can such a patient ever be truly informal? Part IV of the model statute suggests that an informal patient is one who lacks capacity and does not object to proposed treatment which is in their best interests, or a patient who may be treated without the use of compulsory powers; but even such a patient must now be subject to some formality if their care or treatment is to be long term or they are to be deprived of their liberty in order to ensure proper safeguards are in place.</p><p>Currently the boundary between the Mental Capacity Act 2005 (“MCA”) and Mental Health Act 1983 (“MHA”) is essentially one determined by whether the patient objects to treatment and is defined with formidable complexity in schedule 1A to the MCA. A patient eligible for MCA deprivation of liberty (“DOL”) safeguards, who could be an elderly person in long term residential care, is now subject to formal<br />processes. There is little true informality for a patient lacking treatment capacity. It is questionable whether even a capacitated patient with mental disorder, who is by definition vulnerable, may be treated informally under the MHA4 if they feel suborned into consenting by the possibility of coercion. The terminology offers a slightly deceptive impression of a benign approach with concomitant levels of<br />autonomy, but while it is appropriate to highlight a difference from compulsory process and keep formality to a minimum for the sake of informality, it is also important not to overplay formality in the name of safeguards. The latter appears to be the vice in which the MCA and MHA is now arguably gripped.</p>

Sign in / Sign up

Export Citation Format

Share Document