Forensic Issues in the Geriatric Psychiatry Consult Liaison Service and the Right to Accept and Refuse Treatment
The consultation liaison psychiatrist frequently encounters questions of decision-making capacity for hospitalized geriatric patients. This trend will only continue as the population ages and questions about the ability of aging patients to make medical decisions and broader life decisions arise more and more frequently. Consultation liaison psychiatrists tasked with determining these capacities may be faced with a duality of roles: responsibility to the patient but also protective obligations imposed by laws and regulations. Consultation liaison psychiatrists should engage these evaluations carefully and be forthright with patients. An approach focusing on the nature and cause of incapacity, the potential for reversibility of incapacity, adequately informing the patient, relying on colleagues in occupational and physical therapy as well as speech and language pathology for functional assessment, and understanding the patient’s life history and story can lead to results respectful of both the patient’s well-being and dignity. This chapter presents forensic issues relevant to the geriatric psychiatry consultation-liaison service through an illustrative clinical vignette.