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The point is no longer merely whether a subject is capable to consent to or refuse treatment.
Until such research is conducted, we cannot say with certitude whether subjects of this sort are capable to consent or not.
Thus, claims that the subjects are capable to consent to or refuse treatment according to the MacCAT-T, are challenged on the basis that there is convincing independent evidence that those same subjects should not be considered decisionally capable.
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In 2007, the Court of Appeal ruled that a person may be capable of consenting even if drunk, but that the capacity to consent "may evaporate well before a complainant becomes unconscious".
Eligible and willing parents, along with children and adolescents, capable of consenting on their own behalf will be asked for written informed consent, and those children aged 7 years or older who are unable to consent on their own behalf will be asked for assent.
Patients are allowed to enter this study when there is not already a case manager involved, when they are not suffering from a health problem which could lead to death within one year, are capable to give informed consent, to personally fill in questionnaires and have sufficient knowledge of the Dutch language.
Visually impaired older adults with subthreshold depression or anxiety, but no actual depression or anxiety disorder according to the DSM IV, with sufficient knowledge of the Dutch language, without severely impaired cognitive functioning and capable to give informed consent are eligible to participate.
Obviously, in order to be capable of consenting to or refusing a given treatment, a subject must have some basic understanding of the facts involved in that decision.
The authors suggest that patients with a score equal or superior to 6 are capable of consenting to treatment.
Thus, it may be argued that even though the patient under current circumstances rejects treatment, the patient's 'true' (i.e. mentally healthy or decisionally capable) self would consent to it.
If there are concerns about decision-making capacity, possible recruitment should be delayed until at least an initial evaluation of capacity can be completed to ensure that subjects are capable of consenting to participate.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com