Nonetheless, this is only a challenge to the narrow way in which the Best Interests standard has typically been employed: a more nuanced interpretation of the orthodox view can handle the cases of the never-competent appropriately.
Given that Substituted Judgment is grounded in respect for autonomy, it is thus clear why, according to the orthodox view, Substituted Judgment makes no sense for the never-competent, and why the orthodox view prescribes for them the Best Interests standard, albeit interpreted in a suitably broad way.
In their view, Mr. Wood was never mentally competent to stand trial in the first place.
The first of four sons, young Elmer was the bookish one, never as competent as his brothers in roping, riding, wrangling and other cattle-related skills.
The first of four sons, young Elmer was the bookish one, never as competent as his brothers in roping, riding and other cattle-related skills.
As Rafael should know as well as anyone, boxing always seems to be trying to kill itself and is never quite competent enough to succeed.
I will never be "competent".
Concerning patients who have never been competent, the orthodox view, as it is typically interpreted, may be misleading in certain cases.
This is particularly clear for those who have never been competent: one cannot be respecting their autonomy (at least not on the usual understanding of autonomous choice), since they have never had autonomy.
An individual who has never been competent may value something that would be terribly destructive to her other values (and be incapable of realizing this), and so, to protect her, the Best Interests standard would have to focus on those other values.
"There are never enough competent speakers," he said.
