MENTAL COMPETENCE AND THE QUESTION OF BENEFICENT INTERVENTION

The authors examine recent arguments purporting to show that mental in competence (lack of decision-making capacity) is not a necessary condi tion for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open quest ion whether accounts of decision-making capacity based solely on the n otions of understanding and appreciation can adequately deal with vari ous complexities. Different possible ways of resolving these complexit ies are outlined, all of which need further exploration.