Respecting autonomy in the guardianship appointment process for individuals with dementia in Finland: Legal and medical perspectives

This study explores how legal experts and physicians ensure the autonomy of individuals with dementia when assessing the need for legal guardianship and appointing guardians. Through interviews with 20 legal experts and 30 physicians, and thematic analysis, the research identified key analytical groups. Legal experts focus on (1) Ascertaining the individual’s views and (2) Minimising interference with autonomy. Physicians emphasise (1) ascertaining the individual’s views, (2) Supporting the realisation of autonomy and (3) Providing accurate information on the legal process. The study found that legal experts strongly respect autonomy, sometimes even deviating from strict legal requirements to ensure that individuals with dementia are heard and their opinions considered during court proceedings. Although physicians generally stress the patient’s autonomy, they prioritise protecting the individual more than legal experts.

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Publication Details

Journal
Medical Law International
Published
2026-02-25
DOI
https://doi.org/10.1177/09685332261424926
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
Field-Weighted Citation Impact
0.00
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article

Respecting autonomy in the guardianship appointment process for individuals with dementia in Finland: Legal and medical perspectives

Kaijus Ervasti, Anna Mäki‐Petäjä‐Leinonen, Kaisa Näkki, Eino Solje
Medical Law International
Healthcare Decision-Making and Restraints
article

Respecting autonomy in the guardianship appointment process for individuals with dementia in Finland: Legal and medical perspectives

Kaijus Ervasti, Anna Mäki‐Petäjä‐Leinonen, Kaisa Näkki, Eino Solje
article en

Abstract

This study explores how legal experts and physicians ensure the autonomy of individuals with dementia when assessing the need for legal guardianship and appointing guardians. Through interviews with 20 legal experts and 30 physicians, and thematic analysis, the research identified key analytical groups. Legal experts focus on (1) Ascertaining the individual’s views and (2) Minimising interference with autonomy. Physicians emphasise (1) ascertaining the individual’s views, (2) Supporting the realisation of autonomy and (3) Providing accurate information on the legal process. The study found that legal experts strongly respect autonomy, sometimes even deviating from strict legal requirements to ensure that individuals with dementia are heard and their opinions considered during court proceedings. Although physicians generally stress the patient’s autonomy, they prioritise protecting the individual more than legal experts.

Medical Law International
University of Eastern Finland (FI), Kuopio University Hospital (FI), Finland University (FI)
Peace, Justice and strong institutions
Openalex Percentile: Top 46%
Healthcare Decision-Making and Restraints
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