Year: 1987 Source: California Law Review, v.75, no.2, (March 1987), p.707-758 SIEC No: 20060938

Parts 3-5 of this article discuss the limitations on the right of competent patient’s to refuse treatment, including the state’s interest in preventing suicide. Part 6 argues that the state has a legitimate interest not in preventing all suicides, but only irrational ones & that, conversely, the values underlying the right to refuse treatment only support a right to do so competently. The crucial question is whether an arguably suicidal patient is competent. Part 7 proposes a test for determining whether a decision to refuse treatment is competent & a policy of temporarily restraining suicidal patients in order to ascertain whether they are firmly & calmly determined to die. (283 notes)