Legal and ethical issues. The choice to die.
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Biomedical subjects
Publications and source records attributed to D K Kjervik.
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The increased number of elderly persons who will become cognitively impaired in the near future is a cause for concern to all in the health care professions. Even though the final determination of incapacity and incompetency is a legal decision, input from health care professionals is weighed heavily by courts. Health professionals can have influence at the clinical level and also at the level of influencing social policy. Nurses rely on input from the assessments of informal caregivers. This research was conducted to determine guardians' perceptions of important criteria on the Incompetency Assessment Scale. Eleven guardians, a majority of whom were daughters of the elderly wards, perceived 9 of the 22 criteria on the IAS as important or very important to the question of incompetency. All nine criteria are found in Minnesota's statutory definition of incompetency, and also appear in the first two levels of the Maslow hierarchy of needs. Further research is recommended to develop a weighting or clustering of criteria to more accurately ascertain the way that incompetency judgments are made by guardians and other caregivers.
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The nature of legal research as it relates to other research methods used in nursing is described, its history discussed, and its relevance to nursing science examined. The major concepts of person, health, environment, and nursing can be explicated by legal research and analysis. The phenomenological method is the one considered most likely to be enhanced by legal research. Finally, the following are discussed: the history of legal research, the definition of legal research, steps in the legal research process, legal research source materials, nursing concepts clarified by legal research, and the parallels between phenomenology and legal research.
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The purpose of this article is to discuss issues that decision makers must consider when confronted with the dilemma of a cognitively impaired older person for whom they are responsible either informally (as family) or formally (as health care professionals). The article examines (1) the decision-making dilemmas faced by caregivers of older persons, (2) coordination necessary among decision makers, (3) legal criteria for incompetency, and (4) caregiver stress. The need for clarification of incompetency criteria for improved coordination among caregivers is suggested.
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