Skip to main content
Article
Competency and Common Law: Why and How Decision-Making Capacity Criteria Should Be Drawn from the Capacity-Determination Process
Psychology, Public Policy and Law 6 (June 2000): 373-381. (2000)
  • Charles H. Baron, Boston College Law School
Abstract
Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.
Keywords
  • bioethics,
  • mental competence,
  • physician-assisted death,
  • voluntary death,
  • Oregon Death with Dignity Act
Publication Date
June, 2000
Citation Information
Charles H. Baron. "Competency and Common Law: Why and How Decision-Making Capacity Criteria Should Be Drawn from the Capacity-Determination Process" Psychology, Public Policy and Law 6 (June 2000): 373-381. Vol. 6 (2000)
Available at: http://works.bepress.com/charles_baron/7/