Capacity, voluntariness and mental illness: Using mental health advance directives to promote autonomy
Del Villar, Katrine (2020) Capacity, voluntariness and mental illness: Using mental health advance directives to promote autonomy. PhD thesis, Queensland University of Technology.
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Katrine Del Villar Thesis
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Description
This thesis conducts a comparative study of how advance directives for treatment for mental illness are regulated in Australia. It considers whether the legal prerequisites for making a mental health advance directive – capacity and voluntariness – are effective in promoting autonomy in decision-making by people with mental illness. It concludes that they are overly focussed on rationality and external controlling factors, and proposes reform of the current legal framework to also recognise the impact of internal controlling factors (such as delusional false beliefs, serious mood distortions and disorders of valuation) on decision-making.
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| ID Code: | 206025 |
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| Item Type: | QUT Thesis (PhD) |
| Supervisor: | White, Ben, Willmott, Lindy, & Then, Shih-Ning |
| Keywords: | Mental illness, advance care planning, mental health advance directives, psychiatric advance directives, decision-making capacity, voluntariness, preconditions of autonomy, influences on voluntary decisions, involuntary mental health treatment |
| DOI: | 10.5204/thesis.eprints.206025 |
| Divisions: | Current > Research Centres > Australian Centre for Health Law Research Past > QUT Faculties & Divisions > Faculty of Law |
| Institution: | Queensland University of Technology |
| Deposited On: | 16 Nov 2020 14:56 |
| Last Modified: | 16 Jan 2025 00:56 |
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