Detention, Capacity, and Treatment in the Mentally Ill—Ethical and Legal Challenges

Cambridge Quarterly of Healthcare Ethics 28 (4):752-758 (2019)
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Abstract

For individuals whose mental illness impair their ability to accept appropriate care—the depressed, acutely suicidal mother, or the psychotic lawyer too paranoid to eat any food—statutes exist to permit involuntary hospitalization, a temporary override of paternalistic benefice over personal autonomy. This exception to the primacy of personal autonomy at the core of bioethics has the aim of restoring the mental health of the temporarily incapacitated individual, and with it, their autonomy.

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