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Which of the following statements is true?

a. A diagnosis of dementia precludes competent decision
making.
b. Decision-making capacity can be determined only in
a court of law.
c. Lack of decision-making capacity should not be
presumed if the patient goes against medical advice.
d. Expression of a choice is sufficient to indicate
decision-making capacity.

1 Answer

3 votes

The true statement is that lack of decision-making capacity should not be presumed if a patient rejects medical advice. Competence is legally presumed until adjudicated otherwise, and expression of choice alone isn't sufficient to determine capacity.

The subject of competence in decision-making, particularly in the context of mental health and law, is crucial in determining the statement which holds true. While a diagnosis of dementia can impact cognitive functions, it does not automatically mean a person is incapable of competent decision-making. Legal cases like Dusky v. United States and Rogers v. Okin have established that competence must be presumed until legally determined otherwise.

Moreover, decision-making capacity is not solely determined in a court of law, as clinicians often assess this capability. Disagreeing with medical advice does not imply a lack of decision-making capacity. Lastly, the expression of a choice, while important, doesn't by itself confirm decision-making capacity as understanding the choices, appreciating consequences, and reasoning must also be considered.

The accurate response is option c. Lack of decision-making capacity should not be presumed if the patient goes against medical advice. This is in line with legal precedents ensuring that a person's competence is not undermined merely because they make a decision that conflicts with medical recommendations.

User Jim Hudson
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