Value judgements and conceptual tensions: decision-making in relation to hospital discharge for people with dementia

Comments on conceptual tensions and the value judgements that lie behind difficult decisions about whether or not the older person with dementia should return home or move into long-term care following hospital admission. The paper seeks to expose some of the evaluative judgements and conceptual tensions inherent in the legal approach to residence capacity. It considers the assessment of best interests around place of residence, issues around the perception of risk and the perceptions of the family. We gesture at some practical considerations, but also make the suggestion that we require tighter functional assessments of residence capacity coupled with broader judgements about best interests.