NCJ Number
190471
Journal
Corrections Today Volume: 63 Issue: 5 Dated: August 2001 Pages: 106-109
Date Published
August 2001
Length
4 pages
Annotation
This article examines possible actions when inmates are unwilling to consent to medical treatment or are unable to actively participate in their own health care because of age or infirmity.
Abstract
The article described the case of a 63-year-old diabetic male who also suffered from vascular dementia. He was completely dependent on medical staff for assistance with nearly all daily living activities and required constant monitoring and prompting to ensure he took his medication. The article also examined the case of a 31-year-old female with end-stage AIDS who had developed numerous brain lesions that severely affected her ability to communicate and comprehend information. She functioned at about the mental level of a 2-year-old, and occasionally refused to take her medication. When inmates are not mentally able to provide consent, there are alternate avenues for treatment: (1) a mental health commitment; (2) an advanced health care directive executed before a patient becomes incompetent; (3) a power of attorney; and (4) guardianship. The article considered advantages and disadvantages of each procedure before recommending that staff seek both a court order for the man's diabetes treatment and appointment of a guardian to make medical decisions pertaining to his long-term care. The article observed that the female AIDS patient would probably never be able to make medical decisions, and recommended appointment of a guardian to make those decisions.