Medical Consent Guardianship Board. Consent to Medical or Dental Treatment A patient cannot receive medical treatment without consentA patient cannot

Medical ConsentMedical ConsentGuardianship BoardGuardianship Board

Consent to Medical or Dental Consent to Medical or Dental TreatmentTreatment• A patient cannot receive medical A patient cannot receive medical

treatment without consenttreatment without consent

• People over 16 years of age can legally People over 16 years of age can legally consent to treatment if they are capable consent to treatment if they are capable of understanding the nature and effect of of understanding the nature and effect of the proposed treatmentthe proposed treatment

• Consent must be informed and effectiveConsent must be informed and effective

Emergency Medical TreatmentEmergency Medical Treatment

• Under Section 13 of the consent to Medical Under Section 13 of the consent to Medical Treatment and Palliative Care Act 1995, Treatment and Palliative Care Act 1995, consent is not necessary if urgent treatment consent is not necessary if urgent treatment is required to save the person’s life or to is required to save the person’s life or to prevent serious damage to the person’s prevent serious damage to the person’s healthhealth

• Subject to subsection (3), a medical Subject to subsection (3), a medical practitioner may lawfully administer medical practitioner may lawfully administer medical treatment to a person (the patient) if –treatment to a person (the patient) if –

Emergency Medical TreatmentEmergency Medical Treatment(a) the patient is incapable of consenting; and(b) the medical practitioner who administers

the treatment is of the opinion that the treatment is necessary to meet an imminent risk to life or health and that opinion is supported by the written opinion of another medical practitioner who has personally examined the patient; and

(c) the patient (if or over 16 years of age) has not, to the best of the medical practitioner’s knowledge, refused to consent to the treatment.

Emergency Medical TreatmentEmergency Medical Treatment

(2) A supporting opinion is not necessary (2) A supporting opinion is not necessary under subsection (1) if in the circumstances under subsection (1) if in the circumstances of the case it is not practicable to obtain of the case it is not practicable to obtain such an opinion.such an opinion.

Consent for Adults with a Mental Consent for Adults with a Mental IllnessIllnessSection 59 of the Guardianship & Section 59 of the Guardianship &

Administration Act:Administration Act:

Consent of certain persons is effectiveConsent of certain persons is effective

59. (1) Where it is proposed to give medical or 59. (1) Where it is proposed to give medical or dental treatment (not being prescribed dental treatment (not being prescribed treatment) to a person to whom this Part treatment) to a person to whom this Part applies, the consent of the appropriate applies, the consent of the appropriate authority to the treatment will be taken to be a authority to the treatment will be taken to be a consent given by the person and to have the consent given by the person and to have the same effect for all purposes as if the person same effect for all purposes as if the person were capable of giving effective consent.were capable of giving effective consent.


Administration Act:Administration Act:(2) For the purposes of subsection (1), the appropriate (2) For the purposes of subsection (1), the appropriate

authority is:authority is: (a) if a guardian has been appointed in respect of the (a) if a guardian has been appointed in respect of the

person under any Act or law, his or her powers as person under any Act or law, his or her powers as guardian have not been limited so as to exclude guardian have not been limited so as to exclude the giving of such consent and he or she is the giving of such consent and he or she is available and is willing to make a decision as to available and is willing to make a decision as to consent the guardian;consent the guardian;


Administration Act:Administration Act:(2) For the purposes of subsection (1), the appropriate (2) For the purposes of subsection (1), the appropriate

authority is:authority is:

(b) in any other case:(b) in any other case:(i) a relative of the person; or(i) a relative of the person; or(ii) the Board, on application by(ii) the Board, on application by(A) a relative of the person; or(A) a relative of the person; or

(B) the medical practitioner, dentist or other health (B) the medical practitioner, dentist or other health professional proposing to give the treatment; orprofessional proposing to give the treatment; or

(C) any other person who the Board is satisfied has a (C) any other person who the Board is satisfied has a proper interest in the matter.proper interest in the matter.


Administration Act:Administration Act:(3) Where medical or dental treatment (not being (3) Where medical or dental treatment (not being

prescribed treatment) is given to a person to prescribed treatment) is given to a person to whom this Part applies in the following whom this Part applies in the following circumstances it will be taken that an effective circumstances it will be taken that an effective consent was given to the treatment:consent was given to the treatment:

(a) treatment given with the purported consent of (a) treatment given with the purported consent of the person, if the medical practitioner, dentist the person, if the medical practitioner, dentist or other health professional did not know and or other health professional did not know and could not reasonably be expected to have could not reasonably be expected to have known that the person was incapable of giving known that the person was incapable of giving effective consent;effective consent;


Administration Act:Administration Act:

(b) treatment given with the purported consent of a (b) treatment given with the purported consent of a person who represented to the medical person who represented to the medical practitioner, dentist or other health professional practitioner, dentist or other health professional that he or she was the appropriate authority for that he or she was the appropriate authority for the purposes of giving consent, if the medical the purposes of giving consent, if the medical practitioner, dentist or other health professional practitioner, dentist or other health professional did not know and could not reasonably be did not know and could not reasonably be expected to have known that the person was not expected to have known that the person was not the appropriate authority for giving consent the appropriate authority for giving consent

Note Note GuardianGuardian is first otherwise no hierachy is first otherwise no hierachy

Relatives definedRelatives definedRelativeRelative of a person means: of a person means:

Part 1 (3) of the Guardianship & Administration Part 1 (3) of the Guardianship & Administration Act:Act:

a)a) a spouse;a spouse;

b)b) a parent;a parent;

c)c) a person (not being a guardian appointed a person (not being a guardian appointed under this Act) who acts in loco parentis in under this Act) who acts in loco parentis in relation to the person;relation to the person;

d)d) a brother or sister of or over 18 years of age;a brother or sister of or over 18 years of age;

e)e) a son or daughter of or over 18 years of age;a son or daughter of or over 18 years of age;

Note: no hierarchyNote: no hierarchy

Section 32 Powers explainedSection 32 Powers explainedIf force necessaryIf force necessary only Guardian can seek under only Guardian can seek under

Section 32 of the Guardianship and Administration Section 32 of the Guardianship and Administration Act special powers.Act special powers.

Special powers to place and detain, etc., protected Special powers to place and detain, etc., protected persons:persons:

32. (1) The Board, on application made by the 32. (1) The Board, on application made by the guardian of a protected personguardian of a protected person

(a) may, by order, direct that the protected person (a) may, by order, direct that the protected person residereside

(i) with a specified person or in a specified place; or(i) with a specified person or in a specified place; or(ii) with such person or in such place as the guardian (ii) with such person or in such place as the guardian

from time to time thinks fit, according to the terms from time to time thinks fit, according to the terms of the Board's order; andof the Board's order; and

Section 32 Powers explainedSection 32 Powers explained (b) may, by order, authorise the detention of the (b) may, by order, authorise the detention of the

protected person in the place in which he or she protected person in the place in which he or she will so reside; andwill so reside; and

(c) may, by order, authorise the persons from time to (c) may, by order, authorise the persons from time to

time involved in the care of the protected person time involved in the care of the protected person to use such force as may be reasonably necessary to use such force as may be reasonably necessary for the purpose of ensuring the proper medical for the purpose of ensuring the proper medical treatment, day-to-day care and wellbeing of the treatment, day-to-day care and wellbeing of the

person.person.

Documents

Medical Consent Guardianship Board. Consent to Medical or Dental Treatment A patient cannot receive medical treatment without consentA patient cannot