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Medical Decision-Making for Incapacitated Elders

Title: Medical Decision-Making for Incapacitated Elders: A 'Therapeutic Interests' Standard.
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Name(s): Kapp, Marshall B., author
Type of Resource: text
Genre: Text
Issuance: serial
Date Issued: 2010
Physical Form: computer
online resource
Extent: 1 online resource
Language(s): English
Abstract/Description: Some older individuals lack sufficient present cognitive and/or emotional ability to make and express autonomous decisions personally. In those situations, health care providers routinely turn to available formal or informal surrogates who often must apply the best interests standard in making decisions for the incapacitated person. This article contends that defining the best interests standard of surrogate decision making for older adults in terms of optimal or ideal choices (truly the patient's "best" interests) frequently sets out an unrealizable goal for surrogates to satisfy. Instead, a decision-making standard based on the incapacitated person's "therapeutic" interests is more realistic and hence more honest to adopt and apply from legal, ethical, and medical perspectives.
Identifier: FSU_migr_medlawcenter_publications-0009 (IID)
Keywords: cognitive ability, elders, health care, decision-making, incapacitated, surrogates, power of attorney, living will
Citation: Kapp, MB. (2012). Medical decision-making for incapacitated elders: A 'therapeutic interests' standard. FSU College of Law, Public Law Research Paper No. 446.
Subject(s): Older people -- Legal status, laws, etc
Professional ethics
Medical laws and legislation
Law
Legal services
Medical sciences
Persistent Link to This Record: http://purl.flvc.org/fsu/fd/FSU_migr_medlawcenter_publications-0009
Host Institution: FSU
Is Part of Series: Medicine & Law Publications.
Is Part of Series: FSU College of Law, Public Law Research Paper No. 446.

Choose the citation style.
Kapp, M. B. (2010). Medical Decision-Making for Incapacitated Elders: A 'Therapeutic Interests' Standard. Retrieved from http://purl.flvc.org/fsu/fd/FSU_migr_medlawcenter_publications-0009