What is the legal term for the right of mentally competent patients to consent or refuse medical treatment?

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The legal term that best describes the right of mentally competent patients to consent to or refuse medical treatment is competence. This concept refers to the ability of an individual to understand the information relevant to a medical decision, appreciate the consequences of their decision, and communicate their choice. Competence is fundamental to a patient's autonomy in healthcare decisions, allowing them to make informed choices based on their values and preferences.

Informed consent is related but specifically refers to the process whereby a healthcare provider offers information about the risks, benefits, and alternatives of a treatment, and the patient then agrees to proceed based on that information. While vital in medical practice, it does not encapsulate the general legal right of patients to make decisions about their treatment.

Durable power of attorney relates to a legal document that designates an individual to make healthcare decisions on behalf of another person, particularly in cases where the individual is unable to do so. This option does not directly address the concept of a patient’s own competence to make decisions about their care.

Advance directives are legal documents that express a person’s wishes regarding medical treatment in the event they become unable to communicate those wishes themselves. Although they provide guidance for decision-making when a person is not competent, they do not define the competence itself.

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