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Autonomy and the law
Author(s)Ian Purvis
Journal titleEAGLE Journal, vol 6, issue 5, April/May 1998
Pagespp 14-17
KeywordsSocial ethics ; Patients ; Rights [elderly] ; Medical care ; Law.
AnnotationThis article seeks to explore how far our current law observes or preserves older people's autonomy in regard to a number of important aspects of life: treatment decisions, informed consent, and money and property matters. Much depends on whether the individual has made an anticipatory choice which is clearly established and applicable to the circumstances - which the medical practitioner is then bound to follow, even after the patient becomes incapable expressing his wishes. Otherwise, doctors are protected by the doctrine of implied consent, and to give treatment designed to preserve life, assist recovery, or ease suffering. The role of the Mental Health Act 1983 is outlined, with regard to guardianship and the Court of Protection. In the final analysis, there is the possibility that legal rights may be unenforceable, and older people feel at a disadvantage. (RH).
Accession NumberCPA-980717004 A
ClassmarkTQ: LF: IKR: LK: VR

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