Best interests must be centred on the person's needs not those of the family.

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the importance of not allowing unreasonable family demands for care influence the determination of best interests for a person who lacks capacity.

Decision making capacity for treatment in psychiatric inpatients: a systematic review and meta-analysis.

Decision-making capacity (DMC) among psychiatric inpatients is a pivotal clinical concern. A review by Okai et al. (2007) suggested that most psychiatric inpatients have DMC for treatment, and its assessment is reliable. Nevertheless, the high heterogeneity and mixed results from other studies mean there is considerable uncertainty around this topic. This study aimed to update Okai's research by conducting a systematic review with meta-analysis to address heterogeneity. We performed a systematic search across four databases, yielding 5351 results. We extracted data from 20 eligible studies on adult psychiatric inpatients, covering DMC assessments from 2006 to May 2022. A meta-analysis was conducted on 11 papers, and a quality assessment was performed. The study protocol was registered on PROSPERO (ID: CRD42022330074). The proportion of patients with DMC for treatment varied widely based on treatment setting, the specific decision and assessment methods. Reliable capacity assessment was feasible. The Mini-Mental State Examination (MMSE), Global Assessment of Function (GAF), and Brief Psychiatric Rating Scale (BPRS) predicted clinical judgments of capacity. Schizophrenia and bipolar mania were linked to the highest incapacity rates, while depression and anxiety symptoms were associated with better capacity and insight. Unemployment was the only sociodemographic factor correlated with incapacity. Assessing mental capacity is replicable, with most psychiatric inpatients able to make treatment decisions. However, this capacity varies with admission stage, formal status (involuntary or voluntary), and information provided. The severity of psychopathology is linked to mental capacity, though detailed psychopathological data are limited.

(Un)blurred lines? Sex, disability, and the dynamic boundaries of mental capacity law.

In this article, we consider the approach to decisions regarding capacity and sexual relations in the Court of Protection in England and Wales, and the boundaries drawn through its application of the Mental Capacity Act 2005 (MCA). We discuss recent developments in the law following the UK Supreme Court case A Local Authority v JB [2021] UKSC 52, which recast how capacity in relation to sexual relations ought to be assessed. Noting that this case has been warmly received by some feminist theorists for the centrality it affords to mutual consent, we draw on critical approaches from feminist, Black feminist, and disability scholarship, to call attention to the legal techniques and judicial reasoning in this case and the ways in which this embeds problematic norms and reinforces the marginalisation of disabled people. We call attention to the impoverished notions of equality advanced in the case and the assumptions that this appears to rely upon which obscure the realities and histories of legal intervention in disabled people's lives. We further argue that the approach in sexual relations cases appears to use capacity determinations as a vehicle to supplement gaps left by the criminal law, blurring their distinct rationalities and enabling further opportunities for control. We suggest that important insights can be gained from bringing these critical perspectives into conversation, including unsettling assumptions contained in the judgment and in mental capacity scholarship more broadly, manoeuvring us out of the perceived intractability of legal reasoning in this context, and offering productive ways forward.

'Evaluation of testamentary capacity: A systematic review'.

OBJECTIVE: To systematically review the literature on methods for the standardized and objective assessment of Testamentary Capacity (TC), to identify the best evidence-based and clinically pragmatic method to assess TC. Doubts concerning TC can have far-reaching legal and financial implications. METHOD: A systematic search of the literature was conducted, using PRISMA guidelines, to identify studies which describe methods or tools for the assessment of TC. RESULTS: The Testamentary Definition Scale (TDS); the Testamentary Capacity Assessment Tool (TCAT); and the Testamentary Capacity Instrument (TCI) all have good psychometric properties, but TDS only partially assesses TC, and the TCI is designed for research rather than day-to-day clinical practice. CONCLUSION: The TCAT could usefully supplement the clinical assessment of TC, coupled with a standardized examination of cognition. There is room to develop an all-encompassing TC assessment tool. Currently, the clinical judgement of a medical professional, taking account of the medical, legal, ethical issues informing a capacity or competency decision, remains the gold standard for assessing TC.

Informed consent for capacity assessment.

In this paper we examine the role of informed consent to capacity assessment, focussing primarily on the two jurisdictions of England and Wales, and Ireland. We argue that in both jurisdictions, a capacity assessment should be regarded as a distinct intervention, separate from the 'original' intervention at issue, and that specific informed consent to the assessment should generally be sought in advance. As part of this, we consider what information should be provided so as to ensure informed consent. Having established a baseline requirement for informed consent, we also recognise that informed consent to assessment will not always be possible, either because the person is unable to understand the information about assessment or because the person refuses to be assessed and so, in the final part of the article, we explore how to proceed when informed consent is either not possible or not forthcoming, including an analysis of the implications of the statutory presumption of capacity.

Adjudicative Competence in the Context of a Defendant's Absence from Trial after a Suicide Attempt.

Defendants who are facing criminal charges in the United States have a constitutional right to be present at trial. This right can be voluntarily waived; for such a waiver to be valid, the defendant must be competent to waive the right to be present at trial. There have been several cases where a defendant is absent from trial because of a suicide attempt, and in these cases the courts must determine whether it is necessary to pause the criminal trial to allow for a competence hearing to take place. The U.S. Supreme Court offered guidance on this matter in its ruling in Drope v. Missouri; however, the Court did not clearly define the threshold for requiring a competence hearing when defendants attempt suicide during trial. Subsequent judicial rulings have provided insights into how courts might proceed when a criminal defendant is absent from trial following a suicide attempt. This topic has relevance to forensic psychiatry, as forensic psychiatrists may be called upon to participate in evaluations of adjudicative competence in these scenarios.

Reprocessamento em endoscopia digestiva: contributo para a prevenção da infeção associada aos cuidados de saúde / Reprocessing in digestive endoscopy: a contribution to healthcare-associated infection prevention

O presente relatório surge como a etapa final do Estágio de Natureza Profissional, inserido no Mestrado em Enfermagem Médico-Cirúrgica da Escola Superior de Saúde do Instituto Politécnico de Viana do Castelo, que decorreu de 3 de outubro de 2022 a 31 de março de 2023. A elaboração deste relatório visa uma análise crítico-reflexiva das experiências e atividades realizadas, bem como das competências desenvolvidas durante o estágio, que decorreu em dois contextos clínicos: Grupo de Coordenação Local do Programa de Prevenção e Controlo de Infeções e de Resistência aos Antimicrobianos e Unidade de Endoscopia Digestiva, de um hospital central. A realização deste estágio proporcionou a aquisição e o desenvolvimento de competências comuns e específicas do Enfermeiro Especialista em Enfermagem Médico-Cirúrgica. Este relatório tem também como objetivo descrever o desenvolvimento do estudo de investigação intitulado Reprocessamento em Endoscopia Digestiva - contributo para a prevenção da Infeção Associada aos Cuidados de Saúde. Sendo os endoscópios dispositivos reutilizáveis com uma estrutura muito complexa, o reprocessamento destes equipamentos inclui várias etapas, que devem ser rigorosamente cumpridas, de forma a se prevenir a infeção associada à endoscopia e com isso garantir a segurança dos utentes e profissionais envolvidos. Trata-se de um estudo de natureza quantitativa, do tipo exploratório e descritivo, sustentado pela descrição de práticas de 22 profissionais de saúde (13 enfermeiros e 9 assistentes operacionais), no reprocessamento de endoscópios altos e endoscópios baixos, com deteção das principais falhas, principais dificuldades sentidas e estratégias de melhoria apresentadas pelos mesmos. Para a recolha de dados utilizámos a observação estruturada e o inquérito por questionário. Os resultados obtidos evidenciaram que apesar de serem executadas a maioria das etapas de reprocessamento, existem vários desvios das boas práticas, comprometendo a adequada desinfeção dos dispositivos e consequentemente aumentando o risco de transmissão de infeção através dos equipamentos. O espaço físico desadequado ao reprocessamento e os rácios de assistentes operacionais baixos na sala de descontaminação foram os principais aspetos mencionados pelos profissionais como dificultadores do cumprimento das etapas de reprocessamento. A resolução destas situações, foi as principais sugestões de melhoria descritas pelos profissionais como forma de prevenir as infeções associadas ao reprocessamento de endoscópios. Podemos concluir que este estudo contribuiu para a melhoria das práticas associadas ao reprocessamento de endoscópios no respetivo contexto, tendo evidenciado a necessidade de formação teórica e prática, de forma a possibilitar aos profissionais envolvidos a aquisição de conhecimentos e a adoção de práticas seguras, maximizando a prevenção, intervenção e controlo da infeção.

This report emerges as the final stage of the Professional Internship, integrated into the Master's in Medical-Surgical Nursing at the School of Health of the Polytechnic Institute of Viana do Castelo, which took place from 3rd of October, 2022, to 31st of March 2023. The preparation of this report aims for a critical-reflexive analysis of the experiences and activities carried out, as well as the skills developed during the Professional Internship, which took place in two clinical contexts: the Local Coordination Group of the Infection Prevention and Control and Antimicrobial Resistance Program and the Digestive Endoscopy Unit of a central hospital. The completion of this internship provided the acquisition and development of common and specific competencies of a Nurse Specialist in Medical-Surgical Nursing. This report also aims to describe the development of the research study entitled Reprocessing in Digestive Endoscopy - contribution to the prevention of healthcare-associated infection. Since endoscopes are reusable devices with a highly complex structure, the reprocessing of these equipment involves several stages that must be rigorously followed to prevent infection associated with endoscopy and ensure the safety of patients and professionals involved. This is a quantitative, exploratory, and descriptive study, supported by the description of the practices of 22 healthcare professionals (13 nurses and 9 operational assistants) in the reprocessing of high and low endoscopes, with the detection of key failures, main difficulties experienced, and improvement strategies presented by them. To collect data, structured observation and questionnaire surveys were used. The results obtained showed that despite most of the reprocessing steps being carried out, there are several deviations from best practices, compromising the proper disinfection of devices and consequently increasing the risk of infection transmission through the equipment. Inadequate physical space for reprocessing and low operational assistant ratios in the decontamination room were the main aspects mentioned by professionals as hindrances to complying with the reprocessing steps. The resolution of these situations was the primary improvement suggestions described by professionals as a way to prevent infections associated with endoscope reprocessing. In conclusion this study contributed to the improvement of practices associated with the reprocessing of endoscopes in the respective context, having highlighted the need for theoretical and practical training, in order to enable the professionals involved to acquire knowledge and adopt safe practices, maximizing prevention, intervention and control of infection.

The Statutory Codification of Decisional Capacity Standards.

The adoption of the widely used four specific skills model of decisional capacity assessment, first proposed by Appelbaum and Grisso in 1988, has become widely accepted in clinical practice. Many jurisdictions have, through legislative action, incorporated one or more of these skills into state law as part of the legal definition of decisional capacity. These statutes pose a challenge for physicians hoping to revise these criteria, as some commentators have recently proposed. This article categorizes and analyzes existing state statutes that define decisional capacity or designate certain classes of individuals to render such assessments. Many of these statutes incorporate aspects of the four skills model into state law, such that legislative action would be required to affect significant changes in methods of capacity assessment. As a result, physicians in many jurisdictions are unable to modify these criteria on their own. Any effort to alter capacity assessment standards will have to take into account the potential challenges to enacting statutory change at the outset of such efforts.

Capacity, belief and impairment of the mind or brain.

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the implications of a recent Court of Protection ruling for nurses who undertake mental capacity assessments.

Assessing Racial Effects on Adjudicative Competence.

As racial influences on forensic outcomes are identified in every aspect of practice, scholars are exploring methods to disentangle race from its historical, economic, and attitudinal antecedents. Because jurisdictions vary in these influences, definitions and data may differ among them, creating inconsistencies in analysis and policy. This retrospective database review compared differences in racial outcomes among 200 pretrial defendants, 160 Black and 40 White, exploring a wide range of socioeconomic, clinical, and forensic influences before, during, and after hospitalization. Because of the tight relationship of socioeconomic factors and race, investigators hypothesized that it would be difficult to distinguish racial influences alone. Using a confirmatory approach to data collection and a statistical analysis based in logistic regression, only differences in referral for psychological testing were identified. Application of this method based on local demographics and culture may prove useful for institutions interested in evaluating racial influences on forensic outcomes.

How Experts Advise Evaluating Pro Se Competence 15 Years Post-Edwards.

The challenge of achieving an acceptable balance between respecting the autonomy of criminal defendants by allowing them to self-represent, and protecting the integrity of the judicial process by limiting this right when mental illness impedes such efforts, has been longstanding. Although courts have long tended to allow self-representation, a recognized ability of states to limit such rights was articulated by the U.S. Supreme Court in Indiana v. Edwards (2008). Because Edwards outlined no specific test for representational competence, numerous scholars have proposed criteria over the last 15 years, with variable frameworks and points of emphasis. We synthesized the published literature since Edwards on the evaluation of pro se competence. A search of electronic databases was conducted using relevant search terms, yielding 31 identified articles after review of titles, abstracts, full-text articles, and reference lists. Overall, in evaluating pro se competence, experts advise assessing whether a defendant can demonstrate the cognitive, communicative, and emotional abilities to conduct an adequate defense, engage in constructive social intercourse, provide a rational reason for pursuing self-representation, and willingly work with standby counsel. Using these factors, we propose a representational competence standard that balances defendant autonomy with court paternalism. Implications for future research are discussed.

Supported decision making: Facilitating the self-determination of persons living with Alzheimer's and related diseases.

Decision-making capacity describes the ability to make a particular decision at a given time. People with Mild Cognitive Impairment (MCI) and mild stage dementia typically experience an associated erosion of their decisional abilities. Many could be said to have marginal capacity. These individuals are in a liminal space between adequate and inadequate capacity. Too often, marginal capacity is overlooked as a category: individuals are classified either as having capacity and being able to make decisions independently or as lacking capacity and needing a surrogate to make decisions for them. These approaches can, respectively, result in under- or overprotection of individuals with marginal capacity. A promising alternative approach is supported decision making. In supported decision making, a person with marginal capacity identifies a trusted person or network of persons to aid them in making their own decisions. Supported decision making is recognized by law in a growing number of states; it is important for geriatricians to be familiar with the concept, as they are increasingly likely to encounter it in their practice. Even in states where supported decision making is not formally recognized, it can be practiced informally, helping patients, care partners, and clinicians strike an appropriate balance between respecting autonomy and recognizing vulnerability. In this article, we describe supported decision making, discuss its ethical and legal foundations, and identify steps by which geriatricians can incorporate it into their practice.

Preventing Abuses in Guardianship Cases.

Guardianships allow court-appointed guardians to make decisions on behalf of persons who are incapable of caring for themselves. With their authority frequently extending over both the personal and the financial affairs of a ward, guardians sometimes abuse their extensive powers. Misuse of funds, excessive fees, and neglect of the ward's needs all have been seen in guardianship cases. As awareness of this problem has grown, innovative approaches have been developed to prevent and detect abuses, including mandatory certification, centralized audits, and visits to persons under guardianship to assess their status. Funding such efforts, however, remains a challenge.

Risk-Sensitive Assessment of Decision-Making Capacity: A Comprehensive Defense.

Should the assessment of decision-making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluation of DMC, not increase the threshold for DMC. We respond to the critics' main concerns by providing a comprehensive account of how risk-sensitive DMC is coherent, avoids paternalism, and best fulfills the epistemic goal of DMC evaluations.