Ulysses Contracts in psychiatric care: helping patients to protect themselves from spiralling

Journal of Medical Ethics 45 (11):693-699 (2019)
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Abstract

This paper presents four arguments in favour of respecting Ulysses Contracts in the case of individuals who suffer with severe chronic episodic mental illnesses, and who have experienced spiralling and relapse before. First, competence comes in degrees. As such, even if a person meets the usual standard for competence at the point when they wish to refuse treatment (time 2), they may still belesscompetent than they were when they signed the Ulysses Contract (time 1). As such, even if competent at time 1andtime 2, there can still be a disparity between thelevelsof competence at each time. Second, Ulysses Contracts are important to protect people’smost meaningfulconcerns. Third, on the approach defended, the restrictions to people’s liberty would be temporary, and would be consistent with soft paternalism, rather than hard paternalism: the contracts would be designed in such a way that individuals would be free to change their minds, and to change or cancel their Ulysses Contracts later. Finally, even if one rejects the equivalence thesis (the claim that allowing harm is as bad as doing harm), this is still consistent with the claim that, inparticular cases, it can be as wrong toallowa harm as to do a harm. Nevertheless, controversies remain. This paper also highlights several safeguards to minimise risks. Ultimately, we argue that people who are vulnerable to spiralling deserve a way to protect their autonomy as far as possible, using Ulysses Contracts when necessary.

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Author Profiles

Harriet Standing
University of Leeds
Rob Lawlor
University of Leeds

References found in this work

Ethics without principles.Jonathan Dancy - 2004 - New York: Oxford University Press.
Intricate Ethics: Rights, Responsibilities, and Permissible Harm.F. M. Kamm - 2006 - New York, US: Oxford University Press USA.
The Many Faces of Competency.James F. Drane - 2012 - Hastings Center Report 15 (2):17-21.
An Unconnected Heap of Duties?David McNaughton - 2002 - In Philip Stratton-Lake (ed.), Ethical Intuitionism: Re-Evaluations. Oxford University Press UK.

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