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Philip Bielby (2005). The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW]

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  1.  3
    Is Decision-Making Capacity an “Essentially Contested” Concept in Pediatrics?Eva De Clercq, Katharina Ruhe, Michel Rost & Bernice Elger - 2017 - Medicine, Health Care and Philosophy 20 (3):425-433.
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    Ulysses Arrangements in Psychiatric Treatment: Towards Proposals for Their Use Based on 'Sharing' Legal Capacity. [REVIEW]Phil Bielby - 2012 - Health Care Analysis (2):1-29.
    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 (...)
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    Competence in Health Care: An Abilities-Based Versus a Pathology-Based Approach.G. Meynen & G. Widdershoven - 2012 - Clinical Ethics 7 (1):39-44.
    Competence is central to informed consent and, therefore, to medical practice. In this context, competence is regarded as synonymous with decision-making capacity. There is wide consensus that competence should be approached conceptually by identifying the abilities needed for decision-making capacity. Incompetence, then, is understood as a condition in which certain abilities relevant to decision-making capacity are lacking. This approach has been helpful both in theory and practice. There is, however, another approach to incompetence, namely to relate it to mental disorder. (...)
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