scholarly journals Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws

Laws ◽  
2015 ◽  
Vol 4 (2) ◽  
pp. 125-138 ◽  
Author(s):  
Bernadette McSherry
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Legal Capacity ◽  
Health Laws

scholarly journals “Why have I not been told about this?”: a survey of experiences of and attitudes to advance decision-making amongst people with bipolar

2019 ◽  
Vol 4 ◽  
pp. 16 ◽  
Author(s):  
Guy Hindley ◽  
Lucy A. Stephenson ◽  
Alex Ruck Keene ◽  
Larry Rifkin ◽  
Tania Gergel ◽  
...  
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Health Services ◽  
Health Services ◽  
Online Survey ◽  
Educational Status ◽  
Codes Of Practice ◽  
Younger Age ◽  
Health Legislation ◽  
Health Laws

Background: The idea that people with severe mental illness should be able to plan in advance for periods of illness as a means of enhancing autonomy has been long debated and is increasingly being enshrined in codes of practice and mental health legislation. It has been argued that the ethical imperative for this is especially pronounced in bipolar (BP), a condition in which sufferers often experience episodic crises interspersed with periods of wellness. However, there is a paucity of published research investigating experiences of advance decision making (ADM) in people with BP or their attitudes towards it. Methods: An online survey of BPUK’s mailing list was conducted. 932 people with BP completed the survey (response rate 5.61%). Descriptive statistics and regression analysis were conducted to compare experience of with attitudes towards ADM and variables associated with interest in ADM. Results: A majority indicated a desire to plan care in advance of losing capacity (88%) but most had not done so (64%). High numbers of respondents expressed a wish to request as well as refuse treatment and most wanted to collaborate with psychiatrists, including on issues around self-binding. The most frequent motivation to utilise ADM was a desire to be more involved in mental health decisions. Interest in self-binding was associated with experience of compulsory treatment and trust in mental health services. Interest in refusals of all medication was associated with younger age and lack of trust in mental health services. Interest in ADM in general was associated with younger age but not educational level, ethnicity or gender. Conclusions: This study demonstrates an appetite for ADM amongst people with bipolar that is independent of educational status and ethnicity. As states reform their mental health laws, attention needs to be given to the distinctive attitudes toward ADM amongst people with bipolar.

scholarly journals Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?

2021 ◽  
Vol 11 ◽  
Author(s):  
Jill Stavert
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Legal Capacity ◽  
Paradigm Shifts ◽  
Mental Disabilities ◽  
Ongoing Debate ◽  
Persons With Disabilities ◽  
Word Play ◽  
Real Change ◽  
The Right

Article 12(3) CRPD requires states parties to provide access by persons with disabilities to the support they may require in exercising their legal capacity. This is to ensure that the rights, will and preferences of persons with disabilities are enjoyed on an equal basis with others [Articles 12(1)(2) and (4) CRPD]. Moreover, the Committee on the Rights of Persons with Disabilities has made it clear that supported decision-making must replace substitute decision-making arrangements as these are discriminatory and deny equal enjoyment of the right to exercise of legal capacity for persons. At the same time, there is ongoing debate as to whether or not the absence of substitute decision-making regimes is essential for the non-discriminatory realization of an individual's rights, will and preferences to be achieved. To resolve this debate, however, specific attention needs to be paid to the CRPD message on what it actually means to give effect to the equal and non-discriminatory enjoyment of rights for all. In the context of persons with mental disabilities this requires looking beyond human rights simply in terms of limiting unwarranted interventions to the proactive removal of obstacles to full rights enjoyment and the creation of environments that respect and support such enjoyment. With this in mind this paper will therefore critically consider the use of supported decision-making within existing substitute decision-making regimes with particular reference to Scotland's mental health and capacity laws. It will consider the challenges this poses and whether it is indeed possible to adapt existing regimes to achieve CRPD compliance. In doing so, it is suggested that a full appreciation of the overarching CRPD message about equality and non-discrimination in the enjoyment of rights is required to bring about such compliance.

The United Nations Convention on the Rights of Persons with Disabilities: A New Approach to Decision-Making in Mental Health Law

2012 ◽  
Vol 19 (5) ◽  
pp. 423-440 ◽  
Author(s):  
Fiona Morrissey
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Good Practice ◽  
Equal Treatment ◽  
Legal Capacity ◽  
Health Law ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Health Rights ◽  
The Impact

Abstract The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.

scholarly journals “Why have I not been told about this?”: a survey of experiences of and attitudes to advance decision-making amongst people with bipolar

2019 ◽  
Vol 4 ◽  
pp. 16 ◽  
Author(s):  
Guy Hindley ◽  
Lucy A. Stephenson ◽  
Alex Ruck Keene ◽  
Larry Rifkin ◽  
Tania Gergel ◽  
...  
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Health Services ◽  
Health Services ◽  
Online Survey ◽  
Educational Status ◽  
Codes Of Practice ◽  
Younger Age ◽  
Health Legislation ◽  
Health Laws

Background: The idea that people with severe mental illness should be able to plan in advance for periods of illness as a means of enhancing autonomy has been long debated and is increasingly being enshrined in codes of practice and mental health legislation. It has been argued that the ethical imperative for this is especially pronounced in bipolar (BP), a condition in which sufferers often experience episodic crises interspersed with periods of wellness. However, there is a paucity of published research investigating experiences of advance decision making (ADM) in people with BP or their attitudes towards it. Methods: An online survey of BPUK’s mailing list was conducted. 932 people with BP completed the survey (response rate 5.61%). Descriptive statistics and regression analysis were conducted to compare experience of with attitudes towards ADM and variables associated with interest in ADM. Results: A majority indicated a desire to plan care in advance of losing capacity (88%) but most had not done so (64%). High numbers of respondents expressed a wish to request as well as refuse treatment and most wanted to collaborate with psychiatrists, including on issues around self-binding. The most frequent motivation to utilise ADM was a desire to be more involved in mental health decisions. Interest in self-binding was associated with experience of compulsory treatment and trust in mental health services. Interest in refusals of all medication was associated with younger age and lack of trust in mental health services. Interest in ADM in general was associated with younger age but not educational level, ethnicity or gender. Conclusions: This study demonstrates an appetite for ADM amongst people with bipolar that is independent of educational status and ethnicity. As states reform their mental health laws, attention needs to be given to the distinctive attitudes toward ADM amongst people with bipolar.

Imposing Order on Diverse Mental Health Laws.

PsycCRITIQUES ◽  
2003 ◽  
Vol 48 (2) ◽  
Author(s):  
Richard Rogers
Keyword(s):  
Mental Health ◽  
Health Laws

Post COVID-19 Potentials and Innovation: The Future Supply Chain

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1054-1057
Author(s):  
Bindu Swetha Pasuluri ◽  
Anuradha S G ◽  
Manga J ◽  
Deepak Karanam
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Supply Chain ◽  
Supply Chains ◽  
World Health Organization ◽  
World Wide ◽  
World Health ◽  
Future Supply ◽  
Entire World ◽  
Health Organization

An unanticipated outburst of pneumonia of inexperienced in Wuhan, , China stated in December 2019. World health organization has recognized pathogen and termed it COVID-19. COVID-19 turned out to be a severe urgency in the entire world. The influence of this viral syndrome is now an intensifying concern. Covid-19 has changed our mutual calculus of ambiguity. It is more world-wide in possibility, more deeply , and much more difficult than any catastrophe that countries and organizations have ever faced. The next normal requires challenging ambiguity head-on and building it into decision-making. It is examined that every entity involved in running supply chains would require through major as employee, product, facility protocols, and transport would have to be in place. It is an urgent need of structuring to apply the lessons well-read for our supply chain setup. With higher managers now being aware of the intrinsic hazards in their supply chain, key and suggestions-recommendations will help to guide leader to commit to a newly planned, more consistent supply chain setup. Besides, the employees’ mental health is also a great concern.

scholarly journals Embodied Ethical Decision-Making: A Clinical Case Study of Respect for Culturally Based Meaning Making in Mental Healthcare

2021 ◽  
Author(s):  
Megz Roberts
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Health Treatment ◽  
Ethical Decision ◽  
Ethical Decision Making ◽  
Meaning Making ◽  
Hospital Setting ◽  
Mental Healthcare ◽  
Clinical Case Study ◽  
Culturally Based

AbstractHow does embodied ethical decision-making influence treatment in a clinical setting when cultural differences conflict? Ethical decision-making is usually a disembodied and rationalized procedure based on ethical codes (American Counseling Association, 2014; American Dance Therapy Association, 2015; American Mental Health Counseling Association, 2015) and a collective understanding of right and wrong. However, these codes and collective styles of meaning making were shaped mostly by White theorists and clinicians. These mono-cultural lenses lead to ineffective mental health treatment for persons of color. Hervey’s (2007) EEDM steps encourage therapists to return to their bodies when navigating ethical dilemmas as it is an impetus for bridging cultural differences in healthcare. Hervey’s (2007) nonverbal approach to Welfel’s (2001) ethical decision steps was explored in a unique case that involved the ethical decision-making process of an African-American dance/movement therapy intern, while providing treatment in a westernized hospital setting to a spiritual Mexican–American patient diagnosed with PTSD and generalized anxiety disorder. This patient had formed a relationship with a spirit attached to his body that he could see, feel, and talk to, but refused to share this experience with his White identifying psychiatric nurse due to different cultural beliefs. Information gathered throughout the clinical case study by way of chronological loose and semi-structured journaling, uncovered an ethical dilemma of respect for culturally based meanings in treatment and how we identify pathology in hospital settings. The application of the EEDM steps in this article is focused on race/ethnicity and spiritual associations during mental health treatment at an outpatient hospital setting. Readers are encouraged to explore ways in which this article can influence them to apply EEDM in other forms of cultural considerations (i.e. age) and mental health facilities. The discussion section of this thesis includes a proposed model for progressing towards active multicultural diversity in mental healthcare settings by way of the three M’s from the relational-cultural theory: movement towards mutuality, mutual empathy, and mutual empowerment (Hartling & Miller, 2004).

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