That’s still better than letting an amputee sit in the dirt, feet away from freeway traffic, unprotected in 100° heat.
At some point there needs to be a competency hearing and the person cared for even if they can’t or won’t ask for it. ESPECIALLY if they can’t or won’t ask for it.
The alternative is going “Welp, too bad they died, nothing we could do.”
This is something you and I aren’t going to agree on. From my perspective its an issue of consent. From yours (it seems) and issue of wellbeing. Our heirarchies of needs seem to value personal agency at different levels. I consider it to be a core need, and from that perspective I would never (given the power to do so) exert my will to care for someone as a ward of the state or whatever org I represent without the consent of the individual to be cared for.
I also recognize what you’re saying, that at a certain level of incompetence a person should no longer be able to advocate for themselves and should be required to accept care.
I personally believe that if a person can communicate, they can communicate consent. If a person is completely unable to communicate, it may be a good idea to give them a period of investigative and protective custody to determine their safety, but from their perspective that could be a kidnapping.
I’m not saying your perspective is wrong, but this is a situation that needs to be handled with extreme nuance and care by professionals.
On competency evaluations:
I’d need a large panel of Psyches from the same and similar communit(y/ies) as the JD (john doe/ jane doe) to all agree they are incompetent before I’d be comfortable allowing their consent to be violated in the manner of state endorsed internment in medical or mental facilities. If the medical community agrees, and the people around the JD agree, then and only then should the JD be given care without their consent.
I think the difference in our opinions are less than you think it is, you argue from a point of personal autonomy, and I get that, my argument is they have already lost their autonomy due to mental illness.
So if they have no autonomy already, society needs to error on the side of making sure they get appropriate care, especially when the alternative is utter destitution and death.
I think that’s an incredibly risky philosophical position to take that should be examined in conjunction with discussing it with people of varying mental illnesses and recovery statuses.
Especially when we discuss the sane choosing for the insane we run the risk of unknown cruelty. Mentally well people have a long history of assuming they know what’s best for the unwell and in doing so accidentally doing something harmful. Things like criticizing the bodies of anorexic people, shaming those struggling with executive function, blunt refutation of delusion, basically whatever Phil McGraw does on his show.
So is it anyone with a mental illness that refuses treatment that can be institutionalized? Only certain disorders/symptoms? Only certain severities? Will we know it when we see it or will we accept that some people who seem like they should be won’t be or vice versa? Are we comfortable with the risks of abuse of power here? What about the weight of bias from the part of the mental health professionals assuming anyone in front of them must be unwell? In diagnosis there is no madman’s advocate, even when the cost of diagnosis is difficult to distinguish from imprisonment.
That’s the whole point, if the insane had the capacity to choose for themselves, they wouldn’t be insane. 😉
I argue that if personal autonomy leads to being homeless on the side of the freeway and, ultimately a miserable existence and death, society has an obligation to step in.
At some point, someone needs to recognize that that level of autonomy is going to cause a preventable death.
Neither is forcing them to accept care they don’t want.
That’s still better than letting an amputee sit in the dirt, feet away from freeway traffic, unprotected in 100° heat.
At some point there needs to be a competency hearing and the person cared for even if they can’t or won’t ask for it. ESPECIALLY if they can’t or won’t ask for it.
The alternative is going “Welp, too bad they died, nothing we could do.”
This is something you and I aren’t going to agree on. From my perspective its an issue of consent. From yours (it seems) and issue of wellbeing. Our heirarchies of needs seem to value personal agency at different levels. I consider it to be a core need, and from that perspective I would never (given the power to do so) exert my will to care for someone as a ward of the state or whatever org I represent without the consent of the individual to be cared for.
I also recognize what you’re saying, that at a certain level of incompetence a person should no longer be able to advocate for themselves and should be required to accept care.
I personally believe that if a person can communicate, they can communicate consent. If a person is completely unable to communicate, it may be a good idea to give them a period of investigative and protective custody to determine their safety, but from their perspective that could be a kidnapping.
I’m not saying your perspective is wrong, but this is a situation that needs to be handled with extreme nuance and care by professionals.
On competency evaluations:
I’d need a large panel of Psyches from the same and similar communit(y/ies) as the JD (john doe/ jane doe) to all agree they are incompetent before I’d be comfortable allowing their consent to be violated in the manner of state endorsed internment in medical or mental facilities. If the medical community agrees, and the people around the JD agree, then and only then should the JD be given care without their consent.
I think the difference in our opinions are less than you think it is, you argue from a point of personal autonomy, and I get that, my argument is they have already lost their autonomy due to mental illness.
So if they have no autonomy already, society needs to error on the side of making sure they get appropriate care, especially when the alternative is utter destitution and death.
I think that’s an incredibly risky philosophical position to take that should be examined in conjunction with discussing it with people of varying mental illnesses and recovery statuses.
Especially when we discuss the sane choosing for the insane we run the risk of unknown cruelty. Mentally well people have a long history of assuming they know what’s best for the unwell and in doing so accidentally doing something harmful. Things like criticizing the bodies of anorexic people, shaming those struggling with executive function, blunt refutation of delusion, basically whatever Phil McGraw does on his show.
So is it anyone with a mental illness that refuses treatment that can be institutionalized? Only certain disorders/symptoms? Only certain severities? Will we know it when we see it or will we accept that some people who seem like they should be won’t be or vice versa? Are we comfortable with the risks of abuse of power here? What about the weight of bias from the part of the mental health professionals assuming anyone in front of them must be unwell? In diagnosis there is no madman’s advocate, even when the cost of diagnosis is difficult to distinguish from imprisonment.
That’s the whole point, if the insane had the capacity to choose for themselves, they wouldn’t be insane. 😉
I argue that if personal autonomy leads to being homeless on the side of the freeway and, ultimately a miserable existence and death, society has an obligation to step in.
At some point, someone needs to recognize that that level of autonomy is going to cause a preventable death.