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  1.  40
    Faulty Judgment, Expert Opinion, and Decision-Making Capacity.Michel Silberfeld & David Checkland - 1999 - Theoretical Medicine and Bioethics 20 (4):377-393.
    An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...)
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  2.  20
    Reflections on Segregating and Assessing Areas of Competence.David Checkland & Michel Silberfeld - 1995 - Theoretical Medicine and Bioethics 16 (4).
    Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.
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  3.  24
    Mental Competence and the Question of Beneficent Intervention.David Checkland & Michel Silberfeld - 1996 - Theoretical Medicine and Bioethics 17 (2).
    The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...)
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