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Psychiatric Advance Directives and the Treatment of Committed Patients

Paul S. Appelbaum

in Applied Ethics in Mental Health Care: An Interdisciplinary Reader

Published in print:
2013
Published Online:
May 2014
ISBN:
9780262019682
eISBN:
9780262317245
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262019682.003.0005
Subject:
Biology, Bioethics

Advance directives have been one of the more promising innovations in recent years to give patients a greater voice in their psychiatric treatment. The author describes the clinical-legal ... More


Speaking for the Dying: Life-and-Death Decisions in Intensive Care

Susan P. Shapiro

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226615608
eISBN:
9780226615882
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226615882.001.0001
Subject:
Sociology, Gerontology and Ageing

Seventy percent of Americans age 60 or over requiring decisions about medical treatment in the final days of life lack capacity to make these decisions. The biggest life-and-death decisions of their ... More


Making a Difference?

Susan P. Shapiro

in Speaking for the Dying: Life-and-Death Decisions in Intensive Care

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226615608
eISBN:
9780226615882
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226615882.003.0008
Subject:
Sociology, Gerontology and Ageing

This chapter examines whether physicians, the decision criteria adopted, or the existence of advance directives make a difference in patient outcomes. The chapter examines physician engagement in ... More


The United States of America

Kim Dayton

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0030
Subject:
Law, Private International Law

The United States of America is a physically large country, occupying nearly 3.5 million square miles. Its population of more than 321 million persons is distributed unevenly across its physical ... More


Ireland

Patricia Rickard-Clarke

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0018
Subject:
Law, Private International Law

Ireland is an island in north-western Europe. It is divided into the state called Ireland, often referred to as the Republic of Ireland, which comprises the greater part of the island of Ireland, ... More


Croatia

Ward Adrian and Klaric Ivana Milas

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0041
Subject:
Law, Private International Law

Croatia is a civil law country. Substantial reforms to the Croatian adult incapacity regime came into force in 2014 with implementation of the Protection of Persons with Mental Disorders Act ... More


Exceptions to the Legal Requirements: Incompetence

Jessica W. Berg, Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker

in Informed Consent: Legal Theory and Clinical Practice

Published in print:
2001
Published Online:
November 2020
ISBN:
9780195126778
eISBN:
9780197561386
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195126778.003.0011
Subject:
Clinical Medicine and Allied Health, Medical Ethics

It might seem strange to locate discussion of incompetence under the heading of “exceptions.” Although patient competence serves as a prerequisite for informed consent, surely patient incompetence ... More


Austria

Alice Perscha and Richard Frimston

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0022
Subject:
Law, Private International Law

The Republic of Austria is a federal republic, divided into nine states (‘Bundesländer’), which have legislative competences of their own. The judiciary is considered to be the third pillar of the ... More


Decision-Making Scripts

Susan P. Shapiro

in Speaking for the Dying: Life-and-Death Decisions in Intensive Care

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226615608
eISBN:
9780226615882
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226615882.003.0006
Subject:
Sociology, Gerontology and Ageing

This chapter considers the role of law in the ICU and presents the legal and bioethical scripts for surrogate decision making. It describes legal provisions for advance directives that specify the ... More


Actors

Susan P. Shapiro

in Speaking for the Dying: Life-and-Death Decisions in Intensive Care

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226615608
eISBN:
9780226615882
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226615882.003.0003
Subject:
Sociology, Gerontology and Ageing

This chapter introduces health care providers in the ICU, patients, and especially their significant others. It depicts the misfortunes that brought patients to the ICU, their impact on patients’ ... More


Jersey

Donna Withers and Carl Parslow

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0020
Subject:
Law, Private International Law

As one of the Channel Islands, the Bailiwick of Jersey has maintained its status as an independent jurisdiction for more than 800 years. Jersey pledged allegiance to the Crown in 1066 when William ... More


Canada—British Columbia

Alex Ruck Keene (ed.)

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0036
Subject:
Law, Private International Law

Canada is a federation composed of ten provinces, including British Columbia (‘BC’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which ... More


Canada—Saskatchewan

Adrian Ward and Kruzeniski Ron

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0039
Subject:
Law, Private International Law

Canada is a federation composed of ten provinces, including Saskatchewan, and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil ... More


Germany

Volker Lipp and Adrian Ward

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0027
Subject:
Law, Private International Law

Germany is a federal republic consisting of 16 member states (Länder). At the municipal level, local government rests with districts (Kreise) and municipalities (Städte, Gemeinden). According to ... More


Netherlands

Richard Frimston, Chanien Engelbertink, and Anneke Vrenegoor

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0049
Subject:
Law, Private International Law

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court ... More


USA—California

Alex Ruck Keene and Bette Epstein

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0058
Subject:
Law, Private International Law

The United States is a common law country. It is a federal republic of fifty states and a federal district. Laws affecting the protection of adults are predominantly made at state level. California ... More


Australia—New South Wales

Richard Frimston and Chris Young

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0031
Subject:
Law, Private International Law

Australia is a common law country. Australia is a federation of five states and two territories. Laws affecting adults in need of protection whether in terms of financial or personal Private ... More


Canada—Nova Scotia

Alex Ruck Keene and QC Alison Scott Butler

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0037
Subject:
Law, Private International Law

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a ... More


New Zealand

Adrian Ward and Gledhill Kris

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0050
Subject:
Law, Private International Law

New Zealand is a common law country. The judicial structure is the Supreme Court and the Court of Appeal, which are appellate courts only; the High Court, which hears appeals from District Courts ... More


The Cross-Border Protection of Adults

Richard Frimston

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0007
Subject:
Law, Private International Law

The cross-border protection of adults is an area of Private International Law, in which theory and practice may very often be in rather different places. In Chapters 2 has set out the broad Private ... More


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