Paternalism is justified by temporary incompetence. However, the American legal system tends to treat mental patients as if they were either totally competent or totally dysfunctional and thus subject to involuntary treatment. Many observers believe competence is not an either-or capacity, but a matter of degree on a gradient. Another question concerns the proof of competence and incompetence. Abernethy argues, that disorientation, mental illness, irrationality and commitment to a mental institution do not conclusively prove incompetence. He concludes that competence is presumed and does not have to be proved yet incompetence has to be
Paternalism is justified by temporary incompetence. However, the American legal system tends to treat mental patients as if they were either totally competent or totally dysfunctional and thus subject to involuntary treatment. Many observers believe competence is not an either-or capacity, but a matter of degree on a gradient. Another question concerns the proof of competence and incompetence. Abernethy argues, that disorientation, mental illness, irrationality and commitment to a mental institution do not conclusively prove incompetence. He concludes that competence is presumed and does not have to be proved yet incompetence has to be