Capacity, voluntariness and mental illness: Using mental health advance directives to promote autonomy

(2020) Capacity, voluntariness and mental illness: Using mental health advance directives to promote autonomy. PhD thesis, Queensland University of Technology.

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.

Impact and interest:

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ID Code: 206025
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