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  1. Risk‐Sensitive Assessment of Decision‐Making Capacity: A Comprehensive Defense.Scott Y. H. Kim & Noah C. Berens - 2023 - Hastings Center Report 53 (4):30-43.
    Should the assessment of decision‐making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluation of DMC, not increase the threshold for DMC. (...)
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  • Determinations of Competence Ought Not to Be Primarily Grounded in Paternalistic Justifications regarding Welfare.Anson Fehross & Hojjat Soofi - 2022 - American Journal of Bioethics 22 (10):75-78.
    According to Pickering, Newton-Howes, and Young, the harmfulness of decisions does, and should, factor into determining patients' decisional competence. As they claim, decision-making proces...
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