caa a22 4500 606171045 CHVBK 20210128100720.0 cr unu---uuuuu 210128e20150601xx s 000 0 eng 10.1007/s10728-013-0258-z doi (NATIONALLICENCE)springer-10.1007/s10728-013-0258-z Whiting Demian Philosophy, University of Hull, HU6 7RX, Hull, UK aut Evaluating Medico-Legal Decisional Competency Criteria [Elektronische Daten] [Demian Whiting] In this paper I get clearer on the considerations that ought to inform the evaluation and development of medico-legal competency criteria—where this is taken to be a question regarding the abilities that ought to be needed for a patient to be found competent in medico-legal contexts. In the "Decisional Competency in Medico-Legal Contexts” section I explore how the question regarding the abilities that ought to be needed for decisional competence is to be interpreted. I begin by considering an interpretation that takes the question to be asking about the abilities needed to satisfy an idealized view of competent decision-making, according to which decisional competency is a matter of possessing those abilities or attributes that are needed to engage in good or effective or, perhaps, substantially autonomous or rational decision-making. The view has some plausibility—it accords with the way decisional competency is understood in a number of everyday contexts—but fails as an interpretation of the question regarding the abilities that should be needed for decisional competence in medico-legal contexts. Nevertheless, consideration of why it is mistaken suggests a more accurate interpretation and points the way in which the question regarding the evaluation of medico-legal competency criteria is to be answered. Building on other scholarly work in the area, I outline in the "Primary and Secondary Requirements” section several requirements that decisional competence criteria ought to satisfy. Then, in the "Applying the Framework” section, I say something about the extent to which medico-legal competency criteria, as well as some models of decisional competency proposed in the academic literature, fulfil those requirements. Springer Science+Business Media New York, 2013 Decisional authority nationallicence Decisional competency nationallicence Idealized views of competency nationallicence Law nationallicence Medico-legal contexts nationallicence Mental Capacity Act 2005 nationallicence Proportionality nationallicence Necessity nationallicence Health Care Analysis Springer US; http://www.springer-ny.com 23/2(2015-06-01), 181-196 1065-3058 23:2<181 2015 23 10728 https://doi.org/10.1007/s10728-013-0258-z text/html Onlinezugriff via DOI BK010053 XK010053 XK010000 Metadata rights reserved Springer special CC-BY-NC licence nationallicence 1 research-article jats NATIONALLICENCE NATIONALLICENCE NL-springer NATIONALLICENCE 856 40 https://doi.org/10.1007/s10728-013-0258-z text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Whiting Demian Philosophy, University of Hull, HU6 7RX, Hull, UK aut NATIONALLICENCE 773 0- Health Care Analysis Springer US; http://www.springer-ny.com 23/2(2015-06-01), 181-196 1065-3058 23:2<181 2015 23 10728