Falling Off the Vine: Legal Fictions and the Doctrine of Substituted Judgment
Yale Law Journal. 1990 Oct; 100(1): 1-71.
Allowing to Die; Autonomy; Competence; Consent; Decision Making; Drugs; Informed Consent; Judicial Action; Law; Legal Aspects; Organ Donation; Patient Care; Persistent Vegetative State; Privacy; Property Rights; Psychoactive Drugs; Property; Rights; Sterilization; Substituted Judgment; Third Party Consent; Treatment Refusal; Utilitarianism;
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Lowy, Catherine (1988-01)The judicial use of the doctrine of substituted judgment for incompetent persons entails basing the decision on the action the incompetent would choose if competent. The author briefly reviews court decisions employing ...