The principle of autonomy presupposes Patient Decision Making Competence (PDMC). For a few decades a considerable amount of
empirical research has been done into PDMC. In this contribution that research is explored. After a short exposition on four
qualities involved in PDMC, different approaches to assess PDMC are distinguished, namely a negative and a positive one. In
the negative approach the focus is on identifying psychopathologic conditions that impair sound decision making; the positive
one attempts to assess whether a patient actually has the required abilities and qualities. Characteristic of the latter approach
is the use of (or development of) test-like instruments for PDMC assessment. Some of these tests are discussed and commented
on. Although they may be useful in investigating aspects of PDMC, none of the described approaches and tests offers a reliable
and valid method for PDMC assessment. In response to a potential misuse of tests, the concept of a “supportive situation”
is briefly introduced in order to draw attention to the risk of prematurely deeming patients incompetent on the basis of low
test scores, whereas their insufficient performance may be (partly) attributable to alack of situational support. Also, the
need for and possibility of an emotionalist concept of PDMC are suggested, as an alternative to the more common rationalist
one. In this regard,the legitimacy of competence being conceived as a presumption or fiction of law, deserves further investigation.
emotional competence - empirical criteria - incompetence - legal fiction of competence - psychology - supportive situation - tests
This revised version was published online in July 2006 with corrections to the Cover Date.