Abstract and Keywords
The chapter clarifies the scope and conditions of informed consent before addressing capacity and incapacity to give informed consent, its clinical assessment, and some clinical examples. It underscores the crucial place of good process in both informed consent and the assessment of incapacity to give informed consent owing to mental disorder. Good process provides for the practical co-production of the necessary conditions of informed consent insofar as incapacity owing to mental disorder does not prevent these from pertaining. By good process, the assessment of such incapacity involves a clinical consideration of (1) the presence of mental disorder as well as the mental contents as affected by mental disorder that (2) are preventing the patient from (3) understanding the intervention, communicating, choosing decisively, or accepting the need for the intervention. By good process understanding may be nurtured, better communication ensured, undue influences identified and managed, and more certainty and acceptance developed and grown co-productively.
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