Palliative Care and Legal Issues in Geriatric Psychiatry. Issue 5 (September 2021)

• Record Type: Journal Article
• Authors: Vajawat, Bhavika; Hegde, Prakyath R.; Malathesh, Barikar C.; Kumar, Channaveerachari Naveen; Sivakumar, Palanimuthu T.; Math, Suresh Bada
• Is Part Of: Indian journal of psychological medicine. Volume 43:Issue 5(2021)Supplement
• Page Start: S31
• Page End: S36
• Publication Date: 2021-09
• Subjects: Advanced directive -- decision-making capacity -- individual autonomy -- palliative care; Psychiatry -- Periodicals; 616.89
• DOI: 10.1177/02537176211031077
• Languages: English
• ISSNs: 0253-7176

Abstract

There is an increased risk of debilitating illnesses that often have no curative treatment with aging. The mainstay of treatment in many such conditions is palliative care: a holistic approach focused on preventing and relieving physical, psychosocial, legal, ethical, and spiritual problems. It involves the facilitation of end-of-life care decisions aimed at relieving distress and improving quality of life. In this article, the authors discuss the role of mental health professionals in legal issues related to palliative care in the elderly around decision-making, right to autonomy, euthanasia, and advanced directive. The cognitive decline associated with aging and mental health issues in the palliative care setting of an individual such as dementia, depression, and hopelessness, and impact on the family members like burnout may influence the overall capacity of that individual to make decisions about their treatment. While an individual has a right to self-determination and autonomy, withholding or withdrawing treatment has many legal and ethical implications, more so in those with incapacity, especially in India due to the absence of uniform legislation. The decision to withhold or withdraw treatment might be a restrictive choice due to limited options in a setting with a lack of palliative care options, poor psychosocial support, nonaddress of mental health issues, and lack of awareness. As the right to health is a constitutional right, and the right to mental health is legally binding under Section 18 of the Mental Health Care Act 2017, systematic efforts should be made to scale up services and reach out to those in need.