Adults and Consent to Health Care - Revision history

Elena Renderos at 00:50, 8 October 2020

2020-10-08T00:50:21Z

Elena Renderos: Elena Renderos moved page Adults and Consent to Health Care (No. 428) to Adults and Consent to Health Care: Removing recording numbers from page names

2020-09-12T03:58:46Z

Elena Renderos moved page Adults and Consent to Health Care (No. 428) to Adults and Consent to Health Care: Removing recording numbers from page names

← Older revision		Revision as of 03:58, 12 September 2020
(No difference)

Drew Jackson at 22:42, 29 March 2019

2019-03-29T22:42:27Z

← Older revision		Revision as of 22:42, 29 March 2019
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	{{REVIEWEDPLS \| reviewer = Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia]\|date= June 2018}} {{Dial-A-Law TOC\|expanded = health}}		{{REVIEWEDPLS \| reviewer = Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia]\|date= June 2018}} {{Dial-A-Law TOC\|expanded = health}}
	Generally speaking, adults can only be given health care with their consent. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.		Generally speaking, adults can only be given '''health care''' with their '''consent'''. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.

	==Understand the legal framework==		==Understand the legal framework==
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	:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]		:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]



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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 04:52, 26 March 2019

2019-03-26T04:52:30Z

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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia]\|date= June 2018}} {{Dial-A-Law TOC\|expanded = health}}

	{{Dial-A-Law TOC\|expanded = health}}
	Generally speaking, adults can only be given health care with their consent. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.		Generally speaking, adults can only be given health care with their consent. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.

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	The general rule under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec5_smooth law in BC] is: a doctor (or another health care provider) can treat you only if you '''consent'''.		The general rule under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec5_smooth law in BC] is: a doctor (or another health care provider) can treat you only if you '''consent'''.

	For this rule to apply, you must be a '''mentally capable adult'''. Different rules apply to children; we explain these in our information on [[Children and Consent to ~~Medical~~ Care (~~Script~~ 422)\|children and consent to health care (no. 422)]]. If an adult is unconscious, mentally incapable, or otherwise unable to give consent, the law sets out procedures to follow. We explain those shortly.		For this rule to apply, you must be a '''mentally capable adult'''. Different rules apply to children; we explain these in our information on [[Children and Consent to Health Care (No. 422)\|children and consent to health care (no. 422)]]. If an adult is unconscious, mentally incapable, or otherwise unable to give consent, the law sets out procedures to follow. We explain those shortly.

	For your consent to be valid, it must be '''informed'''. This means your doctor or health care provider must explain your illness or condition to you and tell you about the proposed treatment, the risks and benefits of it, and any alternative treatments, including no treatment.		For your consent to be valid, it must be '''informed'''. This means your doctor or health care provider must explain your illness or condition to you and tell you about the proposed treatment, the risks and benefits of it, and any alternative treatments, including no treatment.
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	For information on consenting to and refusing psychiatric treatment as an involuntary patient, see our information on [[Hospitalizing a Mentally Ill Person (~~Script~~ 425)\|hospitalizing a mentally ill person (no. 425)]].		For information on consenting to and refusing psychiatric treatment as an involuntary patient, see our information on [[Hospitalizing a Mentally Ill Person (No. 425)\|hospitalizing a mentally ill person (no. 425)]].
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	====Effect of an advance directive====		====Effect of an advance directive====
	Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[~~Power~~ of Attorney and Representation Agreements (~~Script~~ 180)\|representative]] or [[Committeeship (~~Script~~ 426)\|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.		Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[Powers of Attorney and Representation Agreements (No. 180)\|representative]] or [[Committeeship (No. 426)\|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.

	But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things:		But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things:
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	In some cases, another person can make health care decisions for you if you’re too ill or otherwise unable to decide.		In some cases, another person can make health care decisions for you if you’re too ill or otherwise unable to decide.

	You may have made a '''representation agreement''' allowing your '''representative''' to make health care decisions for you. Our information on [[~~Power~~ of Attorney and Representation Agreements (~~Script~~ 180)\|powers of attorney and representation agreements (no. 180)]] explains representation agreements. If you become mentally incapable, a court may appoint a person as your '''committee''', and that person can make health care decisions for you. Our information on [[Committeeship (~~Script~~ 426)\|committeeship (no. 426)]] has more on committees.		You may have made a '''representation agreement''' allowing your '''representative''' to make health care decisions for you. Our information on [[Powers of Attorney and Representation Agreements (No. 180)\|powers of attorney and representation agreements (no. 180)]] explains representation agreements. If you become mentally incapable, a court may appoint a person as your '''committee''', and that person can make health care decisions for you. Our information on [[Committeeship (No. 426)\|committeeship (no. 426)]] has more on committees.

	Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], if you have neither a representative nor a committee, and you are too ill or otherwise unable to make a decision on your health care, your health care provider must choose a '''temporary substitute decision-maker''' based on a priority order set out in the law.		Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], if you have neither a representative nor a committee, and you are too ill or otherwise unable to make a decision on your health care, your health care provider must choose a '''temporary substitute decision-maker''' based on a priority order set out in the law.
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	~~[updated June 2018]~~

	~~'''The above was last reviewed for legal accuracy by Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia].'''~~

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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

	~~{{Dial-A-Law_Navbox\|type=rights}}~~

Drew Jackson: Drew Jackson moved page Adults and Consent to Health Care (Script 428) to Adults and Consent to Health Care (No. 428): align with new Dial-A-Law website

2019-03-22T00:43:34Z

Drew Jackson moved page Adults and Consent to Health Care (Script 428) to Adults and Consent to Health Care (No. 428): align with new Dial-A-Law website

← Older revision		Revision as of 00:43, 22 March 2019
(No difference)

Dial-A-Law: /* With more information */

2019-02-17T04:23:34Z

With more information

← Older revision		Revision as of 04:23, 17 February 2019
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	[updated June 2018]		[updated June 2018]

	'''The above was last reviewed for legal accuracy by Sarah Watson and Karl Maier, [[http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia].'''		'''The above was last reviewed for legal accuracy by Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia].'''

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Dial-A-Law: /* With more information */

2019-02-17T04:23:22Z

With more information

← Older revision		Revision as of 04:23, 17 February 2019
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	[updated June 2018]		[updated June 2018]

	'''The above was last reviewed for legal accuracy by ~~[http://www.trustee.bc.ca/~~ Sarah Watson] and [http://www.trustee.bc.ca/ ~~Karl Maier],~~ Public Guardian and Trustee of British Columbia.'''		'''The above was last reviewed for legal accuracy by Sarah Watson and Karl Maier, [[http://www.trustee.bc.ca/ Public Guardian and Trustee of British Columbia].'''

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Dial-A-Law: /* With more information */

2019-02-17T04:22:16Z

With more information

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	===With more information===		===With more information===
	The '''Public Guardian and Trustee''’s website provides information about consenting to and refusing health care.		The '''Public Guardian and Trustee'''’s website provides information about consenting to and refusing health care.
	:Telephone: 604-775-1001 in the Lower Mainland		:Telephone: 604-775-1001 in the Lower Mainland
	:Toll-free: 1-877-511-4111		:Toll-free: 1-877-511-4111

Dial-A-Law: /* How a temporary substitute decision-maker is chosen */

2019-02-17T04:21:35Z

How a temporary substitute decision-maker is chosen

← Older revision		Revision as of 04:21, 17 February 2019
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	===How a temporary substitute decision-maker is chosen===		===How a temporary substitute decision-maker is chosen===
	Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], your health care provider, in choosing a temporary substitute decision-maker, must ask people in the following order:		Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], your health care provider, in choosing a '''temporary substitute decision-maker''', must ask people in the following order:
	#your spouse or partner (including a same-sex partner)		#your spouse or partner (including a same-sex partner)
	#an adult child		#an adult child

Dial-A-Law: /* Effect of an advance directive */

2019-02-17T04:20:28Z

Effect of an advance directive

← Older revision		Revision as of 04:20, 17 February 2019
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	====Effect of an advance directive====		====Effect of an advance directive====
	Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[[Power of Attorney and Representation Agreements (Script 180)\|representative]] or [[Committeeship (Script 426)\|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.		Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[Power of Attorney and Representation Agreements (Script 180)\|representative]] or [[Committeeship (Script 426)\|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.

	But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things:		But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things: