Bridging the Gap: Public Policy and Clinical Criteria for Competency
Health Law in Canada 1993; 13(3): 177-178
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Checkland, David; Silberfeld, Michel (1996-06)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 ...
Checkland, David; Silberfeld, Michel (1995-12)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.
Silberfeld, Michel; Checkland, David (1999-08)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 ...