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  1. Patient Capacity in Mental Health Care: Legal Overview. [REVIEW]Herman Nys, Sander Welie, Tina Garanis-Papadatos & Dimitris Ploumpidis - 2004 - Health Care Analysis 12 (4):329-337.
    The discriminatory effects of categorizing psychiatric patients into competent and incompetent, have urged lawyers, philosophers and health care professionals to seek a functional approach to capacity assessment. Dutch and English law have produced some guidelines concerning this issue. So far, most legal systems under investigation have concentrated on alternatives for informed consent by the patient in case of mental incapacity, notably substitute decision-making, intervention of a judge and advance directives. It is hard to judge the way in which the law (...)
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  • Protecting or Empowering the Vulnerable? Mental Illness, Communication and the Research Process.Jacqueline M. Atkinson - 2007 - Research Ethics 3 (4):134-138.
    People with mental illness are treated, in research, as a ‘class’ or category who are vulnerable, without always being clear why they should be treated as such, not why an individual, rather than the class, is vulnerable. The two main reasons given are lack of competence and power imbalance. Competence issues include incapacity and legislation, assessment and the impact of the illness in decisions. Power issues cover the role of mental health legislation, coercion, protectiveness and paternalism, stigma and discrimination and (...)
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