Am J Psychiatry 1986; 143:1020-1023
Copyright © 1986 by American Psychiatric Association
Clinicians' guidelines for assessing and presenting subtle forms of patient incompetence in legal settings
TG Gutheil and H Bursztajn
Even for nonforensic clinicians, the assessment of the patient's competence
has grown in importance, particularly regarding the issues of informed
consent and right to treatment. However, the incompetence of patients with
paranoid states, depression, mania, and anorexia nervosa may be so subtle
that both assessors and the court are deceived, incompetence is not
recognized, and treatment is stalemated. The authors provide guidelines
designed to equip the clinician to assess--and to present in an effective
manner in court--the clinical findings relevant to incompetence, to the
benefit of both the patient's rights and treatment.
