Supported Decisions as the Patient's Own?

The American Journal of Bioethics, Forthcoming

University of Utah College of Law Research Paper No. 468

3 Pages Posted: 20 Sep 2021 Last revised: 1 Oct 2021

See all articles by Leslie P. Francis

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

Date Written: September 13, 2021

Abstract

This brief commentary addresses what I regard as the thorniest challenge to supported decision making: how to determine if a supported decision really is the decision of the supported person, rather than an insidious form of concealed paternalism or conflicts of interest. The risk that apparent supported decision-making really becomes the decision of the supporter looms as capacities wane. Peterson, Karlawash and Largent (PK&L), who offer a defense of supported decision making in health care for people with dynamic and diminishing capacity, are alert to these problems but skirt their implications. The authors’ model for supported decisionmaking is incomplete; at a minimum, it should be supplemented by substantive guidance for supporters given by persons who anticipate diminishing capacity.

Note:
Funding Information: None to declare.

Declaration of Interests: None to declare.

Suggested Citation

Francis, Leslie P., Supported Decisions as the Patient's Own? (September 13, 2021). The American Journal of Bioethics, Forthcoming, University of Utah College of Law Research Paper No. 468, Available at SSRN: https://ssrn.com/abstract=3922904

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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