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KMID : 0986720170250010117
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Korean Journal of Medicine and Law
2017 Volume.25 No. 1 p.117 ~ p.132
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Is it possible to improve the decision-making for mentally incapacitated patients? : A case for Independent Patient Advocacy
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Kim Sang-Gu
Lee Il-Hak
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Abstract
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In Korea, there is a legal equipment to ensure the right of the mentally incapacitated adult and to help them to make their own decision on their affairs and medical treatment through civil law. And the law on hospice relief medical care and end-of-life care decision making will be enforced from 2018 and will work as a key method to settle the social dispute about decision of life-sustaining treatment. It is expected to help the patient and his or her family and the medical doctors making decision. But, there still exist a problem in the decision making for the vulnerable group, as to who will support or represent them. When it comes to the English legal system, they have a independent mental capacity advocate under the Mental capacity act 2007. The Act places a statutory duty on local authorities to ensure that people who are considered to lack capacity and have no appropriate family or friends to consult, have access to an Independent Mental Capacity Advocate (an IMCA) when a decision is being made mostly about providing, withdrawing or stopping serious medical treatment and change in the person’s accommodation. What is important thing to learn from England’s experience is that we can introduce the similar legal framework for the protection of the mentally incapacitated adult for their best interest. So, the problems of domestic adult guardianship are supplemented and for those who don"t have a family member or a relative can be represented the best interests of the individual.
This paper will examine and study the features of IMCA under the MCA and introduce the way so as to support and represent the mentally incapacitated adult.
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KEYWORD
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Mentally incapacitated adult, Adult guardianship, Self-determination, Decision of Life-sustaining Treatment, Independent Mental Capacity Advocate(IMCA), Best Interests
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