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We address ethical, legal, and practical issues related to adolescent self-consent for human papillomavirus (HPV) vaccination. HPV vaccination coverage continues to lag well behind the national goal of 80% series completion. Structural and behavioral interventions have improved vaccination rates, but attitudinal, behavioral, and access barriers remain. A potential approach for increasing access and improving vaccination coverage would be to permit adolescents to consent to HPV vaccination for themselves. We argue that adolescent self-consent is ethical, but that there are legal hurdles to be overcome in many states. In jurisdictions where self-consent is legal, there can still be barriers due to lack of awareness of the policy among healthcare providers and adolescents. Other barriers to implementation of self-consent include resistance from antivaccine and parent rights activists, reluctance of providers to agree to vaccinate even when self-consent is legally supported, and threats to confidentiality. Confidentiality can be undermined when an adolescent's self-consented HPV vaccination appears in an explanation of benefits communication sent to a parent or if a parent accesses an adolescent's vaccination record via state immunization information systems. In the context of the COVID-19 pandemic, which has led to a substantial drop in HPV vaccination, there may be even more reason to consider self-consent. The atmosphere of uncertainty and distrust surrounding future COVID-19 vaccines underscores the need for any vaccine policy change to be pursued with clear communication and consistent with ethical principles.

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Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detainees as "unlawful enemy combatants" who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of "enhanced interrogation techniques." In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case. Of these nine detainees, six have alleged mental torture while in US custody. This paper shows that leaders in the United States and Europe should consider whether counterterrorism policies that supersede traditional health and human rights complicate the ability of future governments to prosecute cases when successive leaders change laws, a pertinent consideration as North American and European states grapple with the return of foreign fighters.

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The right to bodily self-determination has a firm foothold in American jurisprudence and legislation. Since the early 20th century, courts have consistently upheld individuals' rights to govern their bodies, citing the constitutional right to privacy and importance of individual autonomy. After these decisions, the advance directive has become an essential way to express personal preferences after incapacity for decision-making, especially in end-of-life scenarios. Can sexual preferences survive cognitive incapacity as well? When individuals lose the capacity to voice sexual needs and preferences, there is no mechanism to protect sexual expression. Dementia's ability to render individuals legally incapable of consenting to sexual activity was the focus of the case of Iowa legislator Henry Rayhons. The state charged Mr. Rayhons with assault for alleged sexual interactions with his wife, who had Alzheimer's disease. The prosecution failed to prove its case. We propose a hypothetical sexual advance directive as a theoretical mechanism to assert sexual desire past incapacity, grounded in claims regarding the possible importance of sex for individuals with neurocognitive disorders. Forensic psychiatrists can play a unique role in the creation and implementation of such a tool.

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In Chile, more than 180 thousand people (1% of the population) have some form of dementia. The figure should increase to approximately 600,000 (3% of Chileans) by 2050. This disease poses major challenges to the society. One of them is the effective recognition of the autonomy and responsibility of the person living with this condition. This article aims to review the clinical assessment of competence, its agreement with the Chilean legal system and the challenges that the assessment of competence poses in clinical decision-making and the capacity of an individual make decisions, according to the new international obligations subscribed by Chile. It is concluded that inclusion is a pending challenge, reflected among other things, by the non-compliance with binding rules such as Article 12 of the Convention on the Rights of Persons with Disabilities, which affirms that persons with disabilities have the right to be recognized as a person everywhere, before the law.

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OBJECTIVE: To assess the legal capacity and guardianship proceedings in patients diagnosed with dementia. METHODS: Ninety-seven patients diagnosed with dementia and seen at a tertiary hospital were evaluated. RESULTS: Of these 97 patients, 60 (62%) were female. The mean age of the patients was 77.9 years; average schooling was 5.5 years. The main diagnosis was Alzheimer's disease (73%): 16 patients were at a mild stage, eight at a moderate stage and 73 at an advanced stage of dementia. Only 28 patients had been legally declared incapable. CONCLUSION: The large numbers of patients at an advanced stage of dementia, and the relatively few patients legally declared incapable show that legal issues in dementia are problematic.

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ABSTRACT One of the consequences of dementia is the possibility of a guardianship proceeding that will deprive patients of legal capacity in taking decisions and managing their own assets. Objective To assess the legal capacity and guardianship proceedings in patients diagnosed with dementia. Methods Ninety-seven patients diagnosed with dementia and seen at a tertiary hospital were evaluated. Results Of these 97 patients, 60 (62%) were female. The mean age of the patients was 77.9 years; average schooling was 5.5 years. The main diagnosis was Alzheimer’s disease (73%): 16 patients were at a mild stage, eight at a moderate stage and 73 at an advanced stage of dementia. Only 28 patients had been legally declared incapable. Conclusion The large numbers of patients at an advanced stage of dementia, and the relatively few patients legally declared incapable show that legal issues in dementia are problematic.

RESUMO Uma das consequências das demências é a possibilidade da interdição judicial do paciente, retirando-lhe a capacidade jurídica da prática de decisões e administração de bens. Objetivo Avaliar a existência de capacidade jurídica e da interdição judicial em pacientes com diagnóstico de demência. Métodos Foram entrevistados 97 pacientes com diagnóstico prévio de demência atendidos no ambulatório de neurologia do comportamento de um hospital terciário. Resultados Dos 97 pacientes, 60 (62%) eram mulheres. A média de idade dos pacientes foi de 77,9 anos, e de escolaridade foi de 5,5 anos. O principal diagnóstico foi de doença de Alzheimer: 16 estavam em estágio leve, 8 em estágio moderado e 73 em estágio avançado da demência. Somente 28 pacientes apresentavam interdição judicial. Conclusão O elevado número de pacientes em estágio avançado de demência e reduzido número de pacientes com interdição indicou dificuldades em relação às questões legais da demência.

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In Chile, more than 180 thousand people (1% of the population) have some form of dementia. The figure should increase to approximately 600,000 (3% of Chileans) by 2050. This disease poses major challenges to the society. One of them is the effective recognition of the autonomy and responsibility of the person living with this condition. This article aims to review the clinical assessment of competence, its agreement with the Chilean legal system and the challenges that the assessment of competence poses in clinical decision-making and the capacity of an individual make decisions, according to the new international obligations subscribed by Chile. It is concluded that inclusion is a pending challenge, reflected among other things, by the non-compliance with binding rules such as Article 12 of the Convention on the Rights of Persons with Disabilities, which affirms that persons with disabilities have the right to be recognized as a person everywhere, before the law.

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The Brazilian Civil Code, which came into force in 2002, established a functional criterion for guardianship proceedings and introduced the concept of "limited guardianship," applied to cases in which incapacity to exercise civil rights is partial. With population aging and the growth in the number of older people with cognitive impairments, such as Alzheimer's disease (AD), the need to invoke legal remedies against elder abuse increased; however, difficulties in assessing capacity still lead to a majority of decisions in favor of plenary guardianship. The present article compiled data on capacity in AD subjects. The varying degrees of decision-making impairment at different stages of AD might be compatible with limited guardianship in milder cases of the disease.

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The Brazilian Civil Code, which came into force in 2002, established a functional criterion for guardianship proceedings and introduced the concept of “limited guardianship,” applied to cases in which incapacity to exercise civil rights is partial. With population aging and the growth in the number of older people with cognitive impairments, such as Alzheimer’s disease (AD), the need to invoke legal remedies against elder abuse increased; however, difficulties in assessing capacity still lead to a majority of decisions in favor of plenary guardianship. The present article compiled data on capacity in AD subjects. The varying degrees of decision-making impairment at different stages of AD might be compatible with limited guardianship in milder cases of the disease.

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INTRODUCTION: Despite the relevance of adolescents' psycholegal capacities to judicial decisions, no assessment tool exists in Latin America to evaluate these competence-related abilities. OBJECTIVE: To explore aspects of the reliability of the Test de competencia para el desempeño en proceso del fuero de responsabilidad penal juvenil MacArthur: Versión Argentina - MacCAT-CA:VA, wich is the Argentinian adaptation of the MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA). METHOD: Mental health professionals trained in the use of MacCAT-CA:VA administered the instrument to 46 adolescents (23 court-ordered to a secure facility; 23 public high school students). Prior to data collection, the instrument was translated, back-translated, and adapted for use in Argentina; the publisher of the original version authorized the translation of the instrument and use of the adapated version for this study. Descriptive statistics and reliability indicators were generated. RESULTS: Cronbach's alpha coeficients were 0.69, 0.67, and 0.75 for the Understanding, Reasoning and Appreciation scales, respectively. The intraclass correlation coefficient for each item was within the good to excellent range (mean ICC=0.71; median ICC=0.75; ICC range=0.40-0.90); for the Understanding, Reasoning, and Appreciation scales, ICC values indicated excellent internal consistency (0.84, 0.81, 0.85, respectively). Compared with the student subsample, a greater proportion of the court-ordered adolescents in secure placement demonstrated significant clinical impairment.

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Delusional misidentification syndromes (DMSs) are complex psychotic phenomena that may be present in a variety of ways within the context of several neurological and psychiatric disorders. Since the first case of Capgras syndrome was described in 1923, various other syndromes have been identified, including Fregoli syndrome, intermetamorphosis, subjective doubles, reduplicative paramnesia, mirrored self, delusional companions, and clonal pluralization of the self. In this article, we review each of the different syndromes in definition and presentation, as well as the field's attempts at classifying them. We then describe their role in forensic psychiatry, particularly in regard to their potential as a marker of a particular subpopulation or of illness severity and their consideration in risk assessments of violence. A review of the literature was conducted for this purpose, and, although it was extended to include publications from over four decades, it revealed a paucity of research on DMSs.

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This article discusses who can write a valid advanced directive by analyzing the classical theory of disabilities and the introduction of the criterion of judgment in civil law. In the search for the answer of the proposed problem, this article examines how countries that have legislated on the AD deals with it and, such as Brazil, which still has no legislation on policies can advance the issue, equalizing the age criterion with the personality rights of considered incapable.

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Nowadays healthcare relationships rest on the recognition of the right of patients to take part in the decisions about their health. This idea is the foundation of the informed consent theory. Nevertheless, problem arises when the patient cannot take part in these decisions because he hasn't enough capacity. Then, another person, a substitute, must decide for him. In Spain does not exist enough clarity about the criteria that must guide the decisions of the proxy. The present work deals with the three criteria developed by the North American jurisprudence. These criteria are: the subjective criterion, the criterion of the substitute judgment and the best interest or major benefit criterion. The subjective criterion is based on the statement of the own patient, usually written in an advance directive or living will. The criterion of the substitute judgment tries to rebuild the decision that the own patient had taken if he remained capable. The criterion of the major benefit tries to protect the well-being of the patient. Traditionally the "better interest" has been to defend the life at any expense, without attending to another type of considerations. Probably it is the moment to look for a new consensus on what today the society has to consider the "better interest" of a patient. Surely this new definition meaning would not stem exclusively from the right to life, but from the conjunction between quantity and quality of life considerations and the freedom of patients, all interpreted in the light of the respect person's dignity.

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The decision making capacity of patients will acquire special relevance with the introduction of informed consent in clinical practice and the new normative that will appear in the future when the bills about health services are approved in the Congress. This paper reviews the concept of decision making capacity in the context of health care and its legal background in Chile. The main problems that arise from the comprehension, use and assessment of decision making capacity, are analyzed. The assessment of this capacity is, in most cases, subjective since there are no criteria, protocols or standards to be used. In courts of justice, the exercise capacity assessment is requested to experts. These specilized physicians will evaluate the mental health of the subject and its implications in the capacity to make decisions. In practice, it is difficult to integrate the concept of capacity from the law or health care perspective. It is concluded that the elaboration of criteria, standards and procedures to evaluate the decision capacity of patients, is mandatory.

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The decision making capacity of patients will acquire special relevance with the introduction of informed consent in clinical practice and the new normative that will appear in the future when the bills about health services are approved in the Congress. This paper reviews the concept of decision making capacity in the context of health care and its legal background in Chile. The main problems that arise from the comprehension, use and assessment of decision making capacity, are analyzed. The assessment of this capacity is, in most cases, subjective since there are no criteria, protocols or standards to be used. In courts of justice, the exercise capacity assessment is requested to experts. These specilized physicians will evaluate the mental health of the subject and its implications in the capacity to make decisions. In practice, it is difficult to integrate the concept of capacity from the law or health care perspective. It is concluded that the elaboration of criteria, standards and procedures to evaluate the decision capacity of patients, is mandatory.

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Cultural values and beliefs affect family attitudes toward participation in research. Significant resistance to allowing their elders with dementia to participate in clinical research was encountered in Cuban-American families. These families expressed concern about disturbing the elder's comfort (tranquilidad) and solitude (soledad). Furthermore, most believed that intervention would be futile. Feelings of guilt associated with nursing home placement may have been exacerbated by the suggestion that active intervention could be effective. Strategies to overcome these barriers included reduced emphasis on the potential superiority of the intervention to be tested, reassurance that contact with research staff was usually appreciated by participants, arrangements to talk with the family as a group about the study, and increased use of Spanish-language consent forms.

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