Ethical problems in pediatric critical care: Consent
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Abstract:
Informed consent constitutes one of the important considerations included in the myriad ethical dilemmas in the pediatric intensive care unit. Traditionally, the law has viewed children as incompetent to make medical decisions, and society has authorized parents or guardians to act on behalf of children. Empirical evidence has revealed that children may be more capable of participating in their medical decisions than previously thought. Some scholars now think that parents have the right to give informed permission and that professionals should seek the child's assent in many circumstances. Physicians in the intensive care unit should seriously consider consulting adolescent patients about the direction of their care and may wish to seek the input of younger patients in appropriate circumstances.Keywords:
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Aims and Method To describe the extent and variation in the use of Guardianship nationally. The Directors of Social Services were asked to provide details about Guardianship cases on two separate occasions one year apart. Results There were 428 new Guardianship cases in 12 months. At the second enumeration, 73% of cases were within the mental illness category and 47% of these had serious mental illness. Clinical Implications There is much variation in the use of Guardianship. Further developments of this study will explore the reasons for this variation and will ascertain clinicians' views on Guardianship, supervised discharge and other community treatment orders.
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Legal guardian
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Abstract Adult guardianships or their facsimiles have been with us since ancient Greek times. Over the past 25 years, policy makers, researchers, administrators, gerontologists, and educators have struggled to reform guardianship to reflect current knowledge of cognition, functional behavior, and court processes as well as to promote proper due process and judicial decision making based on objective evidence. This article describes the history of guardianship, the institution of guardianship, alternatives to guardianship, the criteria for guardianship, court process, and court monitoring of guardianships.
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Abstract There has been much discussion about 'guardianship’ under the 1983 Mental Health Act recently and the following article reviews the use of guardianship in one particular local authority, Cheshire. Based on a retrospective analysis of 14 cases, the article is intended to demonstrate the practice issues involved, examining the reasons why guardianship was pursued and how successful or otherwise it proved to be. The resource and legal implications of guardianship as a viable alternative to hospital admission are also explored. Whilst scarce resources do present real limitations to the usefulness of guardianship, the article concludes that the legal limits to the powers in guardianship are probably about right and that guardianship, as it is presently defined, can provide a useful and realistic framework for supporting people suffering from mental disorder in the community.
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This article attempts to evaluate the success of guardianship law reform in Saskatchewan through a study of 446 guardianship applications made since the 2001 enactment of The Adult Guardianship and Co-decision-making Act. It begins by providing a brief history of guardianship law and details the development of the modern legislation. The author examines granted guardianship orders and surveys participants in the guardianship process in order to determine if the principles underlying the modern legislation have been upheld by the courts.
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Guardianship of the elderly is a guardianship system specially designed for the elderly in order to effectively protect the rights and interests of the elderly. This paper aims to design the system of guardianship for the elderly, define the scope of the elderly, the specific content of guardianship involves the main body of guardianship, the form of guardianship and the scope of guardianship, and also has a special guardianship supervision system, so as to establish a complete set of feasible guardianship system.
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This article reviews what has been reported in literature about the use of Guardianship Orders under the Mental Health Act 1983. Guardianship Orders were used infrequently in comparison with Sections 2, 3 and 4 of the Mental Health Act although the number of guardianship cases has increased three-fold since 1982. Elderly female patients with organic brain disease were the group on whom guardianship was most used either to support them in the community or to facilitate admission to residential care. Guardianship was rarely used to prevent hospitalization. Despite its many drawbacks, for a selected group of patients guardianship did appear to have advantages and was found to be worthy of consideration for practising clinicians and approved social workers.
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This paper examines the current state of the art in legal guardianship for older persons in the South. The questions guiding this research included: (1) When is guardianship needed?, (2) Who is designated as guardian? and (3) How are the older person's rights guaranteed? The results show considerable variation in policy among the states. Thile there are some strengths in legislation for guardianship, there are also a number of weaknesses. Chief among these is the failure of states to provide for the guardianship of person in addition to the guardianship of property.
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Guardianship is a key element in the routine activities approach to understanding crime. This paper examines the effects of guardianship on residential burglary. Several features distinguish these analyses from prior work: 1) both primary and proxy guardianship are included: 2) a more direct indicator of primary guardianship is used; and 3) the effects of guardianship on both the initial risk of burglary and the probability that the crime will be completed are examined. The findings suggest that the effects of guardianship on residential burglary may have been underestimated in prior research. The analyses also show that a complete understanding of the effects of guardianship—especially proxy guardianship—on the entire burglary process will require simultaneous consideration of victimization and offending perspectives.
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Proxy (statistics)
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