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   Can a person who lacks clinical capacity make health care decisions?

   • People who lack both capacities cannot make health care decisions. However, if a patient deemed by a physician to lack clinical capacity expresses a preference regarding a health care decision, the physician is not entitled to override that preference unless a court also deems the person lacks legal capacity to make that decision.

   Capacity (Competence) and Incapacity - Capacity (Competence) and

   www.merckmanuals.com/professional/special-subjects/medicolegal-issues/capacity-competence-and-incapacity

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   What happens if a person lacks clinical capacity?

   • If doctors find that a person lacks clinical capacity, they turn to someone with the legal authority to act as substitute decision maker. However, if the person or other appropriate party objects to a particular medical decision or to the determination of clinical incapacity, the courts may become involved.

   Capacity to Make Health Care Decisions

   www.merckmanuals.com/home/fundamentals/legal-and-ethical-issues/capacity-to-make-health-care-decisions

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   What is clinical capacity to make health care decisions?

   • Clinical capacity to make health care decisions is the ability to understand the potential benefits and harms of the proposed health care, to understand possible alternatives, and to make and communicate a health care decision. Assessment of this capacity requires evaluation of the following:

   Capacity (Competence) and Incapacity - Capacity (Competence) and

   www.merckmanuals.com/professional/special-subjects/medicolegal-issues/capacity-competence-and-incapacity

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   Do clinicians have the capacity to make their own decisions?

   • The capacity to make one's own decisions is fundamental to the ethical principle of respect for autonomy and is a key component of informed consent to medical treatment. Determining whether an individual has adequate capacity to make decisions is therefore an inherent aspect of all clinician-patient interactions.

   Assessment of decision-making capacity in adults - UpToDate

   www.uptodate.com/contents/assessment-of-decision-making-capacity-in-adults

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   Can a medical condition affect a patient's decision-making capacity?

   • Even when a medical condition or disorder impairs a patient’s decision-making capacity, the patient may still be able to participate in some aspects of decision making.

   Decisions for Adult Patients Who Lack Capacity | AMA-Code

   code-medical-ethics.ama-assn.org/ethics-opinions/decisions-adult-patients-who-lack-capacity

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2. www.merckmanuals.com › home › fundamentalsCapacity to Make Health Care Decisions - Capacity to Make ...

   www.merckmanuals.com › home › fundamentals

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   If doctors find that a person lacks clinical capacity, they turn to someone with the legal authority to act as substitute decision maker. However, if the person or other appropriate party objects to a particular medical decision or to the determination of clinical incapacity, the courts may become involved.

   • Overview of Legal and Ethical Issues in Health Care

     Legal capacity (competency): The right and ability to manage...

   • Default Surrogate Decision Making

     The general term for such person is surrogate decision...

   • Medical Malpractice

     The care provided was below the ordinary standard of care...

   • Informed Consent

     But refusal may also be a product of depression, delirium,...

   • Confidentiality and HIPAA

     Anyone legally authorized to make health care decisions for...

   • Do-Not-Resuscitate (Dnr) Orders

     Surrogates can participate in and consent to POLST when...

   • Advance Directives

     A health care power of attorney is a document in which one...

   • Capacity (Competence) and Incapacity

     People who have clinical and legal capacity with respect to...

3. code-medical-ethics.ama-assn.org › ethics-opinionsDecisions for Adult Patients Who Lack Capacity | AMA-Code

   code-medical-ethics.ama-assn.org › ethics-opinions

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   When a patient lacks decision-making capacity, the physician has an ethical responsibility to: Identify an appropriate surrogate to make decisions on the patient’s behalf: the person the patient designated as surrogate through a durable power of attorney for health care or other mechanism;

4. Videos

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     Determining Capacity to Make a Medical Decision for adults

     Apr 16, 2020

     1.9K Views

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     Assessing decision-making capacity with Dr. Bill Scheidler

     May 27, 2020

     710 Views

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     5:32

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     Mental Capacity Act

     Jan 30, 2019

     9.4K Views

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5. www.aafp.org › pubs › afpEvaluating Medical Decision-Making Capacity in Practice - AAFP

   www.aafp.org › pubs › afp

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   Jul 1, 2018 · Because the four elements of capacity (understanding, appreciation, reasoning, and communication) are built into everyday dialogue and interactions, it can be assumed that patients have the...

6. journals.sagepub.com › doi › fullMaking healthcare decisions in a person’s best interests when ...

   journals.sagepub.com › doi › full

   Jun 6, 2019 · The starting point must be to recognize when someone lacks the capacity to make complex healthcare decisions. This is covered in the companion article. 10 If someone lacks capacity, it is usually possible to triage a person into one of four groups:

   • Author: Derick T Wade, Celia Kitzinger

   • Publish Year: 2019

7. www.uptodate.com › contents › assessment-of-decisionAssessment of decision-making capacity in adults - UpToDate

   www.uptodate.com › contents › assessment-of-decision

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   Feb 29, 2024 · Patients with traumatic brain injury (TBI), psychiatric illnesses (eg, schizophrenia, bipolar disorder, and unipolar major depression), and neurodegenerative diseases (eg, Alzheimer disease [AD] and Parkinson disease [PD]) are at risk for impaired capacity.

8. www.merckmanuals.com › professional › specialCapacity (Competence) and Incapacity - Capacity (Competence ...

   www.merckmanuals.com › professional › special

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   People who have clinical and legal capacity with respect to health care have the right to make health care decisions, including refusal of medically necessary care, even if death may result from refusal. People who lack both capacities cannot make health care decisions.

9. www.nejm.org › doi › fullDeciding for Patients Who Have Lost Decision-Making Capacity ...

   www.nejm.org › doi › full

   Dec 16, 2023 · Interview with Bernard Lo on the evolution of the ethical and legal framework for making medical decisions for patients who lack decision-making capacity. 10m 25s Download. Abstract. How...