Highlights mental illness’s impact on decision-making capacity in assisted dying, suggesting improvements for assessments.
Proposed assisted dying legislation does not adequately consider comorbid mental illness, such as depression, which variably compromises decision-making capacity. Current tests of capacity are limited in their ability to assess any such compromise, and therefore we highlight these concerns and put forward suggestions as to how this may be rectified.
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Malhi et al. (2026) studied this question.
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