A test for mental capacity to request assisted suicide
Abstract
The mental competence of people requesting aid-in-dying is a key issue for the how the law responds to cases of assisted suicide. A number of cases from around the common law world have highlighted the importance of competence in determining whether assistants should be prosecuted, and what they will be prosecuted for. Nevertheless, the law remains uncertain about how competence should be tested in these cases. This article proposes a test of competence that is based on the existing common law but which is tailored to cases of assisted suicide. The test will help doctors, other health professionals and lawyers determine whether the suicidal person was able to competently request assistance. Such knowledge will help to reduce some of the current uncertainty about criminal liability in cases of assisted suicide.
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Common standards for consent to treatment can also be applied to assess mental capacity in persons requesting assisted suicide.
“These can also be applied to assess mental capacity in persons requesting assisted suicide (19).”
From Assisted suicide in persons with mental disorders: a review of clinical-ethical arguments and recommendations (2024) · cites this paper as [19]
Protection from inappropriate use of suicide assistance requires a thorough assessment of decision-making capacity and whether the request is voluntary, free of undue external pressure, thoroughly considered and stable.
“This requires a thorough assessment whether the person has the required decision-making capacity (19,28) and whether the request is voluntary, i.e., free of undue external pressure or influences, thoroughly considered and stable.”
From Assisted suicide in persons with mental disorders: a review of clinical-ethical arguments and recommendations (2024) · cites this paper as [19]
Cites
Assessing Competence to Consent to Treatment: A Guide for Physicians and Other Health Prefessionals
Grisso, T., & Appelbaum, P. S. (1998) · doi:10.1093/oso/9780195103724.001.0001 · Cited by 823 · see citing works
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Tuffrey-Wijne, I., Curfs, L., Finlay, I., & Hollins, S. (2018) · BMC Medical Ethics · doi:10.1186/s12910-018-0257-6 · Cited by 97 · see citing works
Shaffer, C. S., Cook, A. N., & Connolly, D. A. (2016) · Psychology, Public Policy, and Law · doi:10.1037/law0000082 · Cited by 21 · see citing works
Marckmann, G., & Pollmächer, T. (2024) · Annals of Palliative Medicine · doi:10.21037/apm-23-472 · Cited by 14 · see citing works
- Authors
- Stewart, C., Peisah, C., & Draper, B.
- Affiliations
- The University of Sydney (AU)
- UNSW Sydney (AU)
- Corresponding author
- Stewart, Cameron
- Venue
- Journal of Medical Ethics
- Publisher
- BMJ
- Published
- 2010-11-21
- Volume
- 37
- Issue
- 1
- Pages
- 34-39
- ISSN
- 0306-6800 (ISSN-L)
- 1473-4257
- OpenAlex
- W2020343861
- Cited by
- 34
- References
- 1
- Citations by year
- 2025: 2 · 2024: 3 · 2023: 2 · 2022: 2 · 2021: 2 · 2019: 5 · 2018: 2 · 2017: 3 · 2016: 1 · 2015: 4 · 2014: 3 · 2013: 5
- FWCI
- 1.76
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Journal of Medical Ethics (publishedVersion)
- PubMed (publishedVersion)
- DigitalGeorgetown (Georgetown University Library) (submittedVersion)
- Topics
- Social Sciences › Psychology › Clinical Psychology › Healthcare Decision-Making and Restraints
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Ethics and bioethics in healthcare
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Medical and Health Sciences Research
- Keywords
- assisted suicide, decision-making capacity, competency testing, medical assistance in dying, criminal liability, common law, end-of-life decisions
- MeSH terms
- Decision Making, Female, United Kingdom, Humans, Informed Consent, Male, Mental Status Schedule, Liability, Legal, Mental Competency, Suicide, Assisted, Guidelines as Topic
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