[Decision making and consents given by demented patients. Are they valid?]
Angela Arenas Massa1, Andrea Slachevsky Chonchol2
1Facultad de Ciencias Jurídicas y Sociales, Universidad de Talca, Santiago, Chile.
Revista Medica De Chile
|March 1, 2018
Summary
Dementia affects over 180,000 in Chile, rising by 2050. This review examines clinical competence assessment and legal challenges, emphasizing the need to uphold autonomy for individuals with dementia.
Area of Science:
- Neurology
- Law
- Bioethics
Background:
- Dementia prevalence in Chile is significant, affecting over 180,000 individuals (1% of the population), with projections to reach 600,000 (3%) by 2050.
- Dementia presents substantial societal challenges, particularly in recognizing the autonomy and legal responsibility of affected individuals.
- International obligations, such as Article 12 of the Convention on the Rights of Persons with Disabilities, underscore the right to legal recognition for all persons.
Purpose of the Study:
- To review the clinical assessment of competence in individuals with dementia.
- To analyze the alignment of clinical competence assessment with the Chilean legal system.
- To identify challenges in clinical decision-making regarding individual capacity and decision-making rights, considering international legal standards.
Main Methods:
- Literature review of clinical competence assessment tools and methodologies.
- Comparative analysis of clinical assessment practices with Chilean legislation.
- Examination of international human rights conventions and their implications for persons with disabilities.
Main Results:
- Existing clinical assessments for competence require careful consideration within the Chilean legal framework.
- There are significant challenges in translating clinical findings into legally sound decisions about an individual's autonomy and responsibility.
- Chile faces challenges in fully implementing international obligations concerning the legal recognition and rights of persons with disabilities, including those with dementia.
Conclusions:
- Ensuring the inclusion and rights of individuals with dementia is an ongoing challenge in Chile.
- Full compliance with binding international rules, such as Article 12 of the CRPD, remains a pending issue.
- There is a critical need to bridge the gap between clinical practice, legal systems, and international human rights standards to protect the autonomy of persons with dementia.
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