I understand your concerns and I have them too. However, this is not the duty or role of a doctor. If as a doctor i say 'blood will save your life' and the patient understand that this is what medical science believes or says, however they disagree, then they still have capacity. Capacity is not about looking for people who disagree with what we believe to be true, for whatever reason. Despite being in a religious organisation or an anti science beleif system...if the person has the physical means to hear information and consider it, even to instantly dismiss it, they have capacity.
We are not judging them on their ability to choose one piece of information or another, just that they actually have the physical capacity to hear and take in the information presented, as opposed to someone with dementia or in a coma for example or patients that are temporarily incapacitated with fever, delirium, drugs or alcohol.... Its about looking for physical constraints on capacity. (this obviously includes mental constraints too , as they are manifestations of physical pathology.)
Basically If a JW has a non diseased brain along with normal mechanisms of communication, then they have capacity. If they decide that information given to them from a religious source outweighs the scientific data, they clearly have reasoning skills, though we may reach an alternate conclusion.
Medicine is not the mechanism for dictating beliefs to people. People refuse life saving treatment all the time, its hard to watch but we live in a society of free choice and we have to respect autonomy.
A US congressman mentioned Noah's flood the other day in congress as an example of non human caused climate change. To me this is ridiculous and against all modern science and evidence. I believe he thinks this due to his religious beliefs. I think he views all data and information with a bias, based on his world view. But does he have capacity to make these decisions and hold these beliefs...... Yes.
snare x
P.s. I understand your view 100%, its just not the role of doctors and legally thats not what we are assessing. The issue isn't even up for debate legally, these are the constraints for assessing capacity. I must admit I agree with the current legal mechanism, it allows for freedom of thought and decision. Though I still hold deep derision for any belief system that attempt to misinform and tell people how to live, though this is not an element of physical capacity.
Edit, added....
I just thought of Africa and the aids/HIV epidemic, made worse by the catholic stance on condoms. They are making life and death choices based on the belief thatbgodmgave authority to a man on earth, who if defied will result in eternal torment. Despite this, each (clinically well) catholic has capacity, despite condemning their very own babies to the disease in many cases. The pope declared that condoms CAUSE aids, of course defying all evidence and science, logic and reasoning. If people chose to believe this or accept it through fear,of punishment, they indeed have capacity to make decisions, good or bad.
We would never say that those Catholics lacked capacity. Though we may have personal views on their descion making skills and abilities in critical appraisal of information and evidence.
