Abstract

NAVARRO-MICHEL, Mónica. Involuntary placement into Geriatric Residence and judicial authorization. Rev. Bioética y Derecho [online]. 2019, n.45, pp.231-251. ISSN 1886-5887.

An elderly person's admission into a nursing home requires their express consent. If the elderly person has lost his or her capacity, admission requires judicial authorization. The aim of this paper is to analyze the requirements for involuntary placement, taking into account the three judgments of the Constitutional Court of 2016. The constitutional criterion is that the authorization must be prior to entry and, if it has already taken place, it may not be subsequently ratified for failure to comply with the 24-hour deadline and for lack of urgency; authorization must be requested through a capacity modification process. This is contrary to the Convention on the Rights of Persons with Disabilities. The paper ends with some thoughts on the role advance directives have on the voluntary admission that becomes involuntary, as the person loses decision-making capacity, and on the subsequent judicial control.

Keywords : involuntary placement; nursing home; loss of capacity; protection of the elderly; advance directives.

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