Ulysses Arrangements in Psychiatric Treatment: Towards Proposals for Their Use Based on 'Sharing' Legal Capacity [Book Review]

Health Care Analysis (2):1-29 (2012)
Abstract
A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research
Keywords Autonomy  Decisional competence  Legal capacity  Psychiatric treatment  Ulysses arrangements
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,322
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

View all 29 references

Citations of this work BETA

No citations found.

Similar books and articles
Michael Lavin (1986). Ulysses Contracts. Journal of Applied Philosophy 3 (1):89-101.
Tom Walker (2012). Ulysses Contracts in Medicine. Law and Philosophy 31 (1):77-98.
Ryan Spellecy (2003). Reviving Ulysses Contracts. Kennedy Institute of Ethics Journal 13 (4):373-392.
Analytics

Monthly downloads

Sorry, there are not enough data points to plot this chart.

Added to index

2012-07-08

Total downloads

1 ( #407,338 of 1,096,527 )

Recent downloads (6 months)

1 ( #246,097 of 1,096,527 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.