Capacity, value neutrality and the ability to consider the future

Area of Science:

• Law and Psychiatry
• Bioethics
• Legal Studies

Background:

• The concept of a universal capacity approach aims to apply legal safeguards equally to all individuals, irrespective of psychiatric diagnosis.
• Current legal frameworks, like the Mental Capacity Act 2005, focus on protecting patient autonomy.

Purpose of the Study:

• To explore the necessity of a diachronic (time-sensitive) perspective for a universal capacity approach in law.
• To examine the moral dilemma arising from applying a diachronic perspective within capacity assessments.

Main Methods:

• Conceptual analysis of legal and ethical principles related to mental capacity.
• Examination of the implications of a diachronic perspective on patient autonomy within existing legislation.

Main Results:

• A diachronic perspective is essential for a universal capacity approach to function broadly.
• Implementing a diachronic perspective in capacity assessments challenges core principles of patient autonomy preservation.

Conclusions:

• While a universal capacity approach is advocated, its implementation via a diachronic lens creates a significant moral and legal challenge.
• Reconciling the need for time-sensitive capacity assessments with the protection of patient autonomy requires further ethical and legal consideration.