ABSTRACT
Incompetents are used as subjects in medical experimentation and as a source of tissue and organ transplants; they are covertly killed or allowed to die, as occurs in the pediatric nursery with defective newborns; their reproductive ability is curtailed through compulsory sterilization; and their behavior is modified by intrusive procedures. The grant or receipt of an organ is structured by a set of social norms regulating gift-giving and family obligations, and by a biological, psychological and sociological screening process which Professors Fox and Swayze call "gatekeeping". Sometimes the screening process conducted by the family and physician will lead to a decision that a person legally and perhaps physically incapable of consent is the best donor. Non-beneficial transplants from those legally incapable of consent are consistent with and even required by respect for persons if it is clear that the incompetent, if competent, would have consented to the transplant.
