A Comparative Analysis of the Treatment of Decision-Making by or for Patients with Neurodegenerative Diseases in Four Legal Jurisdictions (original) (raw)

Dementia in Europe Yearbook 2016 - Decision making and legal capacity in dementia

2016

The 2016 Dementia in Europe Yearbook focuses on decision-making and legal capacity issues in dementia. e report provides an overview of how legislation regulates the issue of legal capacity in questions such as contractual capacity, testamentary capacity, criminal responsibility, civil responsibility, marriage and voting. It also looks at the topic of consent to treatment and research and refers to the existing legal provisions for people who are not able to provide informed consent, including advance directives and healthcare proxies. e last part of the report, introduces the topic of substitute decision making and provides an overview of guardianship measures across Europe. It covers, in particular, court-appointed guardians and lasting powers of attorney. 31 countries have participated in this comparative report, including most Member States of the European Union as well as Jersey, Monaco, Norway, Switzerland and Turkey.

Legal aspects in dementia

Current Opinion in Psychiatry, 2002

The authors review the latest publications that deal with the legal aspects of dementia. The paper is mainly focused on competence assessment to give consent for medical treatment and for participating in research. Special attention is paid to the analysis of the elements that influence the decision to participate in research, particularly in decisions made by the caregiver when the patient is unable to consent. The indications of genetic testing, from an ethical point of view, are analysed.

Dementia and the law

Current Opinion in Psychiatry, 2000

On the basis of a literature search and the authors' knowledge of publications on dementia and the law, in 1999 almost all of the literature was on various aspects of decision-making capacity, including case law, correlates of capacity, novel methods of evaluating capacity, life-sustaining and lifeterminating decisions, research and genetic testing. Curr Opin

Consent to Medical Procedures of Patients with Neurodegenerative Diseases: A Comparative Study of Legal Regulations in Selected European Countries and in the United States

Journal of Alzheimer's disease : JAD, 2018

According to the projections of the statistical office of the European Union, Eurostat, nearly one third of EU citizens will be at least 65 in 2060. The U.S. population age 65 and older continues to increase and is projected to nearly double from 48 million to 88 million by 2050. Elderly people are especially exposed to neurodegenerative diseases (NDs). The most common ND is Alzheimer's disease (AD), a chronic and progressive disorder with a variety of pathological changes within neuronal tissue, which begin even 10-15 years before the onset of cognitive impairment symptoms. AD is perceived as a disease continuum and considered to include three basic phases: preclinical (asymptomatic) stage, mild cognitive impairment (MCI), and dementia due to AD. A very important issue, from medical and legal perspectives, is the NDs patient's consent to medical procedures, including diagnostic procedures, such as lumber puncture. NDs patients are not always able to express their consent an...

… attitudes of professionals from different medical specialties toward autonomy and legal instruments in the assessment of patients with Alzheimer's disease

The evaluation of competence of Alzheimer's disease (AD) patients to assume personal or collective responsibilities and the resulting legal implications is a relevant issue. Objectives: The aim of this study was to evaluate the attitudes of different medical specialists towards the disability of patients with Alzheimer's disease and practitioners' competence to interfere with decision-making autonomy. Methods: Professionals from different areas (Neurology, Psychiatry, Geriatrics, and General Practice) were interviewed by one of the authors, after being presented a fictitious clinical case which raised several topics, namely: [1] Critical judgment and capacity of the patient to take decisions related to daily activities; [2] The role of family physicians in nominating trustees and caregivers. Results: Answers to the first question did not differ regarding degree of preservation of awareness but at least 25% stressed that the patient must be carefully listened to, independent of caregiver or legal representative opinion. There were significant knowledge gaps in responses to the second question. Half of the physicians interviewed did not have adequate information about the legal aspects of caring for patients with Alzheimer's disease. Conclusions: Legal aspects is a topic that must be incorporated into professional training in order to improve attitudes toward the long-term management of patients with dementia.

Distinct attitudes of professionals from different medical specialties toward autonomy and legal instruments in the assessment of patients with Alzheimer's disease

Dementia & Neuropsychologia, 2010

The evaluation of competence of Alzheimer's disease (AD) patients to assume personal or collective responsibilities and the resulting legal implications is a relevant issue. Objectives: The aim of this study was to evaluate the attitudes of different medical specialists towards the disability of patients with Alzheimer's disease and practitioners' competence to interfere with decision-making autonomy. Methods: Professionals from different areas (Neurology, Psychiatry, Geriatrics, and General Practice) were interviewed by one of the authors, after being presented a fictitious clinical case which raised several topics, namely: [1] Critical judgment and capacity of the patient to take decisions related to daily activities; [2] The role of family physicians in nominating trustees and caregivers. Results: Answers to the first question did not differ regarding degree of preservation of awareness but at least 25% stressed that the patient must be carefully listened to, independ...

Dementia and legal competency

Collegium antropologicum, 2011

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption repre...

The legal appearances of dementia in court rulings: mapping the terrain

International psychogeriatrics, 2017

Individuals with dementia may appear before the court in different roles: as victims, as witnesses, and as those standing up for their rights. While there is growing interest in the rights of older persons with dementia, relatively little empirical data exists regarding their actual interactions in courts. Therefore, the goal of this study was to empirically map this legal terrain. This study used a descriptive quantitative method. A computerized search of a national legal database limited to the period 2004-2014 and a screening process for the results were used to establish a sample of 280 court rulings that directly addressed dementia. All cases were analyzed and categorized into the following four criteria groups: characteristics of the person with dementia; characteristics of the legal procedure; the legal substance of the case; and the legal outcome. The majority of cases involved a single, very-elderly (i.e. over 80 years) woman, living in the community, with unspecified demen...