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DECISION-MAKING:
GIVING WEIGHT TO AGE-SPECIFIC
VALUES*
ROSALIND
E K M A N L A D D " A N D E D W I N N. F O R M A N b
ABSTRACT. Adults who give proxy consent for medical treatment for adolescents must
decide how much weight to give to adolescents' own preferences. There is evidence that
some adolescents choose treatments different from what adults see as most reasonable. It is
argued that adolescents choose according to age-specific values, i.e. values they hold, as
adolescents, and which fulfil important developmental needs. Because not fulfilling these
needs may do serious psychological damage, it is urged that proxies give weight to these
values, up to the limit where it would endanger or profoundly limit future life.
t.
THE PROBLEM
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2.
AGE-SPECIFIC
VALUES
When physicians, courts, and others invoke the reasonable person standard,
they speak as though what is reasonable to choose is reasonable p e r se,
not reasonable to so-and-so or reasonable for so-and-so. The hypothetical
reasonable person is always taken to be a competent adult, with all the usual
desires and aversions. However, judgments of what is reasonable are not
value-free. What seems reasonable to anyone, especially in the context of
making life choices, depends on his or her values.
It is generally acknowledged that different people, as individuals, may
have different values. What is not so generally noticed is that in different
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E K M A N L A D D A N D E D W I N N. F O R M A N
age cohorts people share values similar to each other but different from
people in other age cohorts. Those who work in advertising, marketing, and
publishing have learned to gear their messages to the different age groups.
What we read about in Modern Maturity is very different from what we
read about in Seventeen. Interests are different, and values are different,
too.
Developmental psychologists can help chart the way in which groups
of individuals typically change; as philosophers, we can see connections
between changes in interests and preferences and changes in values.
Following Michael Slote, who writes about period-relative goods, those
which are characteristic of certain life periods and have value only relative
to those periods, 9 we shall refer to the values which typically change with
age and psychological development as age-specific values.
We take as a paradigm of age-specific values the concerns of the 14year-olds in Weithorn and Campbell's study: if one understands the overwhelming importance young adolescents give to body image, ~ then one
can understand why to them the risk of ugly, swollen gums and lowered
hairline is greater than the risk of refusing the most effective medication.
The high regard adolescents typically place on body image, acceptance by
peer group, and independence from family,TM 12 suggests that these may be
referred to as age-specific values.
There seem to be five defining characteristics of age-specific values.
(1) They are generally held by people of a certain age group, and although
not universally held, they are common to the vast majority. (2) These values
are characteristic of a particular age group, i.e. they are not simply held
idiosyncratically by some individuals but are recognized by others as part
of what it is to be a member of that age group. (3) They are values that
are not universal across age groups. Although individuals in other age
groups may hold the same values, it is either not common or typical or, if
it is, it is not held with high priority or intensity. (4) Age-specific values
change, they are passing values, e.g. they may be moved from being topranked at one age to a place of lower importance at a later age or they
may be rejected outright, becoming a negative value or weakness. (5)
Acting according to these values, we shall show, fulfils developmental
needs.
Slote develops his discussion of life values by arguing for a "time
preference" theory of value] 3 The goals and values, goods and evils, of
certain periods are considered of greater significance to one's life, overall,
than those of other periods. People do tend to discount childhood and
adolescent values, judging them by "prime of life" values, and Slote thinks
it is not irrational to do so. It is implied by what Slote says that weight
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Secondly, it makes sense to say that keeping the same values over time
is evidence of real commitment to those values. If the person sticks to a
set of values, this shows real acceptance of them, and this then justifies
giving weight to those values in decision-making.
Thirdly, the permanence of values indicates their place in the person's
total life plan. Not all adolescent values are passing fancies or relative only
to the adolescent situation. Some are sustained and developed and become
part of prime of life values, as well.
Fourthly, the criterion of permanence is practical and workable: It should
be possible for physicians, psychologists, or others to work out ways of
determining the likelihood of a particular adolescent's values becoming
permanent. Just as an experienced person knows what to ask and look for
in order to judge the maturity of a minor, so one could learn to make a
good guess about the permanence of values.
On the other hand, the problems inherent in using the criterion of permanence are many. One could use it as a general argument for treating adolescents in a wholly paternalistic way. In particular, defining a value as
age-specific defines it as non-permanent, and according to the permanence
criterion, it is therefore not worthy of determining decisions.
Total paternalism toward adolescents, however, undermines the respect
due to their emerging adult selves and underestimates the emotional investment adolescents have in their own values. All other things being equal,
any criterion that implies a wholesale paternalism toward adolescents
should be suspect.
A much more serious problem is this: The same principle that justifies
paternalism toward those adolescents who would choose according to agespecific values will lead to extending paternalism to competent adults as
well, for age-specific values are not limited to children and adolescents.
Adults in the prime of life also hold values specific to and characteristic
of their mid-life period. Erikson extends the stages of development into
young adulthood, maturity, and old age, 17 and the work of more recent
psychologists organizes adult life from empirical data into characteristic
periods, is "seasons" of the life cycle,''19 or "passages. ''2 Values change with
the changes in life-stage: Those who are lucky enough to move on into
old age may repudiate their former workaholic orientation or regret their
earlier disregard for good health practices; they adopt new or different
values or begin to move to center stage some values that lay on the
periphery before.
Thus, prime of life values do seem to meet the five defining characteristics of age-specific values. They are held by a majority of people at midlife, they are recognized by others as characterizing that age-group, they
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are not common to or held strongly by other age groups, they are passing
values, and they fulfil needs of the different stages of adult development.
Psychology Today summarizes it well in saying, "Someone who moves to
the sun belt to lead a life of leisure is socially approved if he's 70, but not
if he is 30". zl
If even prime of life values are age-specific, then what we are doing
when we discount adolescent values in their favor or make paternalistic
decisions for adolescents according to the objective, reasonable person
standard is substituting one set of values, namely prime of life values, for
another set of values, the adolescents.'
At the least, one would have to offer an argument to justify choosing
prime of life values over all others. More particularly, it needs to be shown
that what is reasonable for a person in the prime of life is also reasonable
for all other persons, regardless of their age or stage in life. We shall argue,
on the contrary, that it is sometimes, though not always, reasonable to
choose for others age-specific values which are different from what a reasonable person would choose in the prime of life.
What we see about values, when we notice that they are age-specific,
that they change and are not permanent, is that adolescent age-specific
values are not accepted as reasonable values by and for most adults.
However, the question raised in the context of proxy consent is not whether
adolescent values should be accepted by adults for themselves but whether
they should be accepted by adults for adolescents. This is a different
question and one which is not answered simply by the usual invoking of
the objective standard, or what "the reasonable person" would choose.
4.
THE C O N C E P T OF W H A T IS R E A S O N A B L E
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the opposite sex, it is reasonable for the young adolescent to choose alternatives that do not threaten the fulfillment of these needs. Rather than being
an inappropriate or trivial value, it fulfils a basic need of the developing
adolescent.
Nonetheless, in urging that weight be given to adolescent values in proxy
decision-making, we cannot escape the fact that there will be times when
the proxy should not concur with the choice of the adolescent. It is our
view that the role of the proxy should be broad: Discuss, educate, reason
with, challenge, and to the greatest extent possible, share decision-making
with the adolescent, and override the adolescent's choices only in the most
extreme cases.
The limits of permissible choices for adolescents may be drawn by not
allowing choices, based on adolescent values, which would make a future
life impossible or severely curtailed. 27 Making choices that will narrow
the possibilities in the future is a necessary part of adolescence; one cannot
wait to decide which talents to develop or to prepare for demanding careers.
But some medical choices might threaten life itself, to the degree that no
future at all can be envisioned or threaten quality of life to a profound
degree. When these choices are based on age-specific values, then they
should not be honored. Refusal of treatment, when based on the same kind
of reasons an adult might give, would not come under this limitation.
Hofman, Becker, and Gabriel suggest setting a wider range for paternalistic decision-making. Although they always recommend seeking the
adolescent's informed consent, they do not do so in the case of amputation. They write: "No teen-ager is really able to consent freely to his own
mutilation." The patient's narcissistic involvement in physical normalcy
and attractiveness virtually prohibits its voluntary acceptance. 28
It has not been the experience of the authors nor that of their child psychiatrist and child psychologist colleagues who are experienced in working
with adolescents facing amputation that adolescents cannot choose that
for themselves, when necessary. It may need some time and it is always
done with reluctance, but it is done. It is also true that adolescents and other
patients are never asked to make such decisions without some interpersonal
interaction, information and discussion colored by the physician's and
family's values, and this undoubtedly influences the decision, as well.
Except for the extreme case o f decisions which would cut off or seriously curtail all possible future for the adolescent, decisions should be overridden only when a similar decision by an adult in similar circumstances
would be overridden, i.e., when it can be shown that the adolescent is
incompetent, not by virtue of age, but on the same criteria as would be used
to judge competency in adults.
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O n e o t h e r c a v e a t is n e e d e d here. It is s o m e t i m e s a r g u e d that d e c i s i o n s
for c h i l d r e n m a y b e b a s e d n o t o n l y on the c h i l d ' s b e s t i n t e r e s t b u t also in
p a r t on the i n t e r e s t s o f p a r e n t s or others. 29 A l t h o u g h w e w o u l d h o l d that
this s h o u l d not g e n e r a l l y a p p l y to a d o l e s c e n t s and d e c i s i o n s should be m a d e
s o l e l y on the g r o u n d s o f the a d o l e s c e n t ' s o w n b e s t interests, w e d o r e c o g n i z e that s o m e t i m e s the costs to o t h e r s o f r e s p e c t i n g a d o l e s c e n t c h o i c e s
w i l l be so g r e a t that t h e y m u s t be c o n s i d e r e d .
6. CONCLUSION
W e h a v e e x p l o r e d the nature o f the v a l u e s that a d o l e s c e n t s h o l d that s o m e t i m e s l e a d t h e m to m a k i n g m e d i c a l d e c i s i o n s d i f f e r e n t f r o m w h a t an adult
p r o x y w o u l d c h o o s e for them. A d o l e s c e n t s ' a g e - s p e c i f i c v a l u e s , it has b e e n
a r g u e d , arise f r o m the d e v e l o p m e n t a l t a s k s o f the age, w h i c h n e e d to be
c o m p l e t e d in o r d e r to a l l o w a p p r o p r i a t e p s y c h o l o g i c a l m a t u r a t i o n . F o r
utilitarian r e a s o n s , then, those w h o are r e s p o n s i b l e for g i v i n g p r o x y consent
for a d o l e s c e n t s s h o u l d g i v e w e i g h t to a d o l e s c e n t s ' a g e - s p e c i f i c values, e v e n
i f the c h o i c e d o e s n o t satisfy the " r e a s o n a b l e p e r s o n " s t a n d a r d and adol e s c e n t s do n o t h a v e the f i x e d c h a r a c t e r r e q u i r e d to satisfy the s u b s t i t u t e d
j u d g m e n t standard.
REFERENCES
*
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2.
3.
4.
5.
6.
A very brief version of this article has been published as Chapter 3 of Forman EN, Ladd
RE. Ethical Dilemmas in Pediatrics: A Case Study Approach. New York: SpringerVerlag. 1991, reprinted by University Press of America, 1995.
See Archard D. Children: Rights and Childhood. London: Routledge, 1993, esp. chapt.
1, for discussion of these issues and arguments. For a good review of the literature, see
Brock D. Children's competence for health care decision making. In: Kopelman L,
Moskop J, eds. Children and Health Care: Moral and Social Issues. Dordrecht: Kluwer
Academic Publishers, 1989: 181-211.
For example, see Group for the Advancement of Psychiatry. How Old is Old Enough?
The Age of Rights and Responsibilities. New York: Brunner/Mazel, 1989.
Gaylin W. Competence: no longer all or none. In: Gaylin W, Macklin R, eds. Who
Speaks for the Child? New York: Plenum, 1982: 27-57.
Lewis CE. Decision-making related to health: when could/should children act responsibly? In: Melton G, Koocher G, Saks M, eds. Children's Competence to Consent.
New York: Plenum, 1983: 75-93.
National Commission for the Protection of Human Subjects of Biomedical and
Behavioral Research. Research Involving Children. Washington DC: U.S. Dept. of
Health, Education, and Welfare, 1977, xxix-xxi, 1-20.
Capron A. The competence of children as self-deciders in biomedical research. In:
Gavlin: 27-57.
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