Adolescent development, mental disorder, and decision making in delinquent youths.

2016 ◽  
pp. 117-138
Author(s):  
Alison G. Nagel ◽  
Lucy A. Guarnera ◽  
N. Dickon Reppucci
Keyword(s):  
Decision Making ◽  
Mental Disorder ◽  
Adolescent Development

scholarly journals Decision-making competence in adults: a philosopher's viewpoint

2001 ◽  
Vol 7 (5) ◽  
pp. 381-387 ◽  
Author(s):  
Donna Dickenson
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Disorder ◽  
Vegetative State ◽  
Persistent Vegetative State ◽  
Legal Implications ◽  
Consent To Treatment ◽  
The Law ◽  
Informal Carers ◽  
The Way

What does it mean to respect autonomy and encourage meaningful consent to treatment in the case of patients who have dementia or are otherwise incompetent? This question has been thrown into sharp relief by the Law Lords' decision in R.v Bournewood Community and Mental Health NHS Trust, ex parte L (1998). The effect of the Law Lords' ruling in the Bournewood judgment is to reinforce problematic and serious anomalies in the way we view patients whose competence is in doubt because of their mental disorder. Others, such as relatives and informal carers, are frequently allowed to decide on behalf of adults whose competence is doubtful in a way that English law generally abhors, even for totally incompetent patients in a persistent vegetative state. This raises profound questions about autonomy. And incompetent adults' consent to treatment is not required to be of the same quality as it is for the rest of us: mere absence of resistance will do. This paper will explore the philosophical, jurisprudential and legal implications of this difference. Throughout I will be more concerned with the ramifications of a finding of incapacity than with how such a finding is made (for the latter, see such classic texts as Applebaum & Roth (1982), Grisso & Applebaum (1998) and Bellhouse et al (2001)).

scholarly journals Sexual rights, mental disorder and intellectual disability: practical implications for policy makers and practitioners

2018 ◽  
Vol 24 (6) ◽  
pp. 386-397 ◽  
Author(s):  
Helen Dewson ◽  
Keith J. B. Rix ◽  
Isabelle Le Gallez ◽  
Kartina A. Choong
Keyword(s):  
Decision Making ◽  
Intellectual Disability ◽  
Mental Disorder ◽  
Sexual Behaviour ◽  
Pregnancy Termination ◽  
Sexual Relationships ◽  
Physical Contact ◽  
Sexual Expression ◽  
List Type ◽  
International Human Rights Law

SUMMARYClear policies regarding sexual expression, sexual behaviour and related decision-making assist in ensuring that the rights of people with mental disorder or intellectual disability are upheld, and that staff know how to react to situations consistently and lawfully without interfering on the basis of their own moral judgements or personal beliefs. Sensitive and holistic planning of care that complies with domestic law, international human rights law and statutory guidance is necessary to complement such policies. Non-intimate physical contact, masturbation, sexual relationships, contraception, sterilisation and vasectomy, pregnancy, termination of pregnancy, sexual dysfunction, parenthood, marriage and civil partnership, divorce, prostitution, pornography, and sex aids and toys are all matters that may properly be part of care planning.LEARNING OBJECTIVES•Understand the limited legal basis for the formulation of policies and rules concerning sexual expression, sexual behaviour and related decision-making by people with mental disorder or intellectual disability•Be able to formulate policies concerning sexual matters as they relate to people with mental disorder or intellectual disability•Be able to plan care for psychiatric patients and community service users balancing their rights to sexual fulfilment with the protection of their own welfare and the protection of othersDECLARATION OF INTERESTNone.

scholarly journals Understanding ‘significant impaired decision-making ability’ with regard to treatment for mental disorder: an empirical analysis

2010 ◽  
Vol 34 (6) ◽  
pp. 239-242 ◽  
Author(s):  
Evonne Shek ◽  
Donald Lyons ◽  
Mark Taylor
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Decision Making ◽  
Cognitive Impairment ◽  
Depressive Symptoms ◽  
Cognitive Function ◽  
Mental Disorder ◽  
Psychotic Symptoms ◽  
Clinical Implications ◽  
Definition Of

Aims and MethodTo capture psychiatrists' reasons for ‘significant impaired decision-making ability’ (SIDMA) as there is no definition of SIDMA in the Mental Health (Care and Treatment) (Scotland) Act 2003. One hundred consecutive mental health reports from January to February 2008 were examined using a questionnaire.ResultsMore than half the mental health reports noted lack of insight as the main cause of SIDMA. Other reasons for SIDMA included limited cognitive function and presence of psychotic symptoms.Clinical implicationsFive reasons for SIDMA were identified: lack of insight, cognitive impairment, presence of psychosis, severe depressive symptoms and learning disability. We recommend psychiatrists working in Scotland give full descriptions of SIDMA, indicating how this has an impact on the patient's ability to make decisions.

scholarly journals A comparison of mental health legislation in five developed countries: a narrative review

2017 ◽  
Vol 34 (4) ◽  
pp. 261-269 ◽  
Author(s):  
T. Cronin ◽  
P. Gouda ◽  
C. McDonald ◽  
B. Hallahan
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Disorder ◽  
Developed Countries ◽  
International Standards ◽  
Mental Health Legislation ◽  
Patient Consent ◽  
The Republic ◽  
Definition Of ◽  
Health Legislation

ObjectivesTo describe similarities and differences in mental health legislation between five jurisdictions: the Republic of Ireland, England and Wales, Scotland, Ontario (Canada), and Victoria (Australia).MethodsAn in-depth examination was undertaken focussing on the process of involuntary admission, review of Admission Orders and the legal processes in relation to treatment in the absence of patient consent in each of the five jurisdictions of interest.ResultsAll jurisdictions permit the detention of a patient if they have a mental disorder although the definition of mental disorder varies between jurisdictions. Several additional differences exist between the five jurisdictions, including the duration of admission prior to independent review of involuntary detention and the role of supported decision making.ConclusionsAcross the five jurisdictions examined, largely similar procedures for admission, detention and treatment of involuntary patients are employed, reflecting adherence with international standards and incorporation of human rights-based principles. Differences exist in relation to the criteria to define mental disorder, the occurrence of automatic review hearings in a timely fashion after a patient is involuntarily admitted and the role for supported decision making under mental health legislation.

General principles of law relating to people with mental disorder

2012 ◽  
pp. 1895-1908
Author(s):  
Michael Gunn ◽  
Kay Wheat
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Mental Disorder ◽  
Common Law ◽  
England And Wales ◽  
General Principles Of Law ◽  
The Law ◽  
Action Taking

This chapter provides a scheme for assisting in the analysis of two areas of law that provide some of the general principles which operate in relation to offenders with mental disorder. These two areas are (a) the law concerning decision-making and other action taking to which the concept of competence is crucial; and (b) the law of responsibility in relation to liability for criminal offences and the tort of negligence. Whilst the focus of the chapter is on the law of England and Wales, it is clear that there are similarities in other common law jurisdictions, and in other jurisdictions that have borrowed ideas from common law jurisdiction, such as Japan, in relation to the concept of informed consent.

Development of a Group Therapy to Enhance Treatment Motivation and Decision Making in Severely Obese Patients with a Comorbid Mental Disorder

2009 ◽  
Vol 21 (5) ◽  
pp. 588-594 ◽  
Author(s):  
Beate Wild ◽  
Wolfgang Herzog ◽  
Daniela Wesche ◽  
Dorothea Niehoff ◽  
Beat Müller ◽  
...  
Keyword(s):  
Decision Making ◽  
Group Therapy ◽  
Mental Disorder ◽  
Treatment Motivation ◽  
Obese Patients ◽  
Severely Obese

‘Mental disorder’ and public protection

2017 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Decision Making ◽  
Mental Illness ◽  
Mental Disorder ◽  
Treatment Decision ◽  
Persons With Disabilities ◽  
The Public ◽  
Treatment Decision Making ◽  
Decision Making Capacity ◽  
United Nations Convention ◽  
Current Systems

The implications of a Fusion Law for the management and treatment of people with impairments or disturbances in the functioning of mind who have committed offences is examined in this chapter. Concerns about public protection under a Fusion Law have been raised, particularly in relation to serious offences. Fusion Law principles can be applied with fair procedures regarding sentencing and hospitalization for those with a mental illness. The public can be protected on the same basis as for those without a mental illness. Options for extended sentences exist in many countries, equally applicable to all persons. ‘Unfitness to plead’ and ‘not guilty by reason of insanity’ present, under current systems, a problem when a person now has treatment decision-making capacity but is deemed a risk. The implications of the Fusion Law for the treatment of ‘psychopathy’ and the addictions are examined. The United Nations Convention on the Rights of Persons with Disabilities poses dilemmas for which solutions are uncertain.

Sign in / Sign up

Export Citation Format

Share Document