Adults and Consent to Medical Care (Script 428) - Revision history

Drew Jackson: Redirected page to Adults and Consent to Health Care (No. 428)

2019-03-22T18:57:54Z

Redirected page to Adults and Consent to Health Care (No. 428)

Dial-A-Law at 18:43, 27 April 2017

2017-04-27T18:43:08Z

Dial-A-Law at 00:15, 20 February 2016

2016-02-20T00:15:21Z

← Older revision		Revision as of 00:15, 20 February 2016
Line 27:		Line 27:

	'''Who cannot be a witness'''—the following people cannot be a witness:		'''Who cannot be a witness'''—the following people cannot be a witness:
	a) a person who provides personal care, health care or financial services to the adult for compensation, other than a lawyer or notary.		# a person who provides personal care, health care or financial services to the adult for compensation, other than a lawyer or notary.
	b) a spouse, child, parent, employee or agent of a person described in paragraph (a).		# a spouse, child, parent, employee or agent of a person described in paragraph (1).
	c) a person who is not an adult.		# a person who is not an adult.
	d) a person who does not understand the type of communication used by the adult.		# a person who does not understand the type of communication used by the adult.

	'''Signing for an adult who is not physically capable'''—if an adult is not physically capable of signing an advance directive, another person can sign it for them if the adult is physically present and directs the person to sign the directive. Their signature must be witnessed as if the adult were signing the directive. The following people must not sign an advance directive for an adult:		'''Signing for an adult who is not physically capable'''—if an adult is not physically capable of signing an advance directive, another person can sign it for them if the adult is physically present and directs the person to sign the directive. Their signature must be witnessed as if the adult were signing the directive. The following people must not sign an advance directive for an adult:
Line 45:		Line 45:
	*if, after the advance directive was made, significant changes in medical knowledge, practice, or technology have been made that might substantially benefit the adult in relation to health care.		*if, after the advance directive was made, significant changes in medical knowledge, practice, or technology have been made that might substantially benefit the adult in relation to health care.

	In some cases, another person~~, such as a family member or friend,~~ can make medical decisions for you if you’re too ill or unable. If you’ve made a representation agreement allowing your representative to make all major and minor health decisions for you, your representative can make the medical decision. Script [[Power of Attorney and Representation Agreements (Script 180)\|180]], called “Power of Attorney and Representation Agreements” has more on this. If you’re mentally incapable, a person appointed by the court as a committee (pronounced comm-it-tay) of the person can make medical decisions for you – check script [[Committeeship (Script 426)\|426]], called “Committeeship”.		'''Substitute decision-makers'''—in some cases, another person can make medical decisions for you if you’re too ill or unable. If you’ve made a representation agreement allowing your representative to make all major and minor health decisions for you, your representative can make the medical decision. Script [[Power of Attorney and Representation Agreements (Script 180)\|180]], called “Power of Attorney and Representation Agreements” has more on this. If you’re mentally incapable, a person appointed by the court as a committee (pronounced comm-it-tay) of the person can make medical decisions for you – check script [[Committeeship (Script 426)\|426]], called “Committeeship”.

	But if you have no representative or committee of the person, your health care provider must choose a '''temporary substitute decision-maker''', or '''TSDM''', based on what the Act requires, as the next section explains.		But if you have no representative or committee of the person, your health care provider must choose a '''temporary substitute decision-maker''', or '''TSDM''', based on what the Act requires, as the next section explains.
Line 61:		Line 61:
	#a person immediately related by marriage		#a person immediately related by marriage

	The TSDM must be at least 19 years old, ~~must get along~~ with you~~, and~~ must have been in contact with you in the past 12 months.		The TSDM must be at least 19 years old, be capable, and have no dispute with you. They must also have been in contact with you in the past 12 months.

	==What kind of decisions can the temporary substitute decision-maker (TSDM) make?==		==What kind of decisions can the temporary substitute decision-maker (TSDM) make?==
	The TSDM ~~must consult with you if possible~~. ~~If that’s not possible,~~ the TSDM ~~can rely on what they know or reasonably believe you would have wanted when you were capable. Then they must follow your wishes and beliefs~~ to ~~make~~ health care ~~decisions in your best interest. You should let your family know now what decisions you would like if you can no longer decide for yourself~~.		The TSDM can make decisions about any kind of health care, except controversial or irreversible treatments such as organ transplants and experimental surgery. [http://www.bclaws.ca/civix/document/id/complete/statreg/20_2000#section5 Section 5] of the [http://www.bclaws.ca/civix/document/id/complete/statreg/20_2000 Health Care Consent Regulation] says a TSDM cannot consent to those types of health care.

	The TSDM can make decisions about any kind of health care, except controversial or irreversible treatments such as organ transplants and experimental surgery. Section 5 of the Health Care Consent Regulation (available at [http://www.bclaws.ca ~~www.bclaws.ca~~]~~) says a~~ TSDM ~~cannot consent~~ to ~~those types of health care~~.		[http://www.bclaws.ca/civix/document/id/complete/statreg/96181_01#section18 Section 18(2) of the Act] allows the TSDM to say no to life-saving treatment if you’re terminally ill or critically injured and your doctor will follow their decision. But the doctor may challenge the TSDM if their decision is medically inappropriate and there’s no evidence that their decision reflects your wishes and is in your best interests.

	~~Section 18(2)~~ of ~~the Act allows the~~ TSDM ~~to say no to life-saving treatment~~ if ~~you’re terminally ill or critically injured and your doctor will follow their decision~~. ~~But the doctor may challenge~~ the TSDM if ~~their decision is medically inappropriate and there’s~~ no ~~evidence that their decision reflects your~~ wishes ~~and is~~ in your best interests.		==What are the duties of a TSDM?==
			The TSDM must consult with you if possible. If that’s not possible, the TSDM must comply with any directions you gave while you were capable. You should let your family know now what decisions you would like if you can no longer decide for yourself. If you wishes are unknown, the TSDM must give or refuse consent in your best interests, considering whether:
			* your condition will improve with the proposed health care.
			* the condition will improve without the health care.
			* the benefit of the health care is greater than the risk of harm.
			* less restrictive or less intrusive health care would be as helpful as the proposed health care.

	==What if someone disagrees with a health-care decision of the TSDM?==		==What if someone disagrees with a health-care decision of the TSDM?==
Line 74:		Line 79:

	==Applying to court==		==Applying to court==
	Under Section 33(4) of the Act, the following people can apply to court for an order on certain things:		Under [http://www.bclaws.ca/civix/document/id/complete/statreg/96181_01#section33.4 Section 33(4) of the Act], the following people can apply to court for an order on certain things:
	*a health care provider caring for an adult incapable of giving or refusing consent to health care.		*a health care provider caring for an adult incapable of giving or refusing consent to health care.
	*an adult's representative or personal guardian.		*an adult's representative or personal guardian.
Line 88:		Line 93:

	==More information==		==More information==
	To learn more about consenting to – and refusing – medical care, call the Public Guardian and Trustee of BC at 604.775.1007 in Vancouver, 604.775.1001 in the lower mainland, and 1.877.511.4111 elsewhere in BC (the call is free). Also, check the ~~Public Guardian and Trustee website at~~ [http://www.trustee.bc.ca ~~www.trustee.bc.ca~~] and the ~~Ministry of Health website at~~ [http://~~www.trustee.bc.ca~~ www.gov.bc.ca/health].		To learn more about consenting to – and refusing – medical care, call the Public Guardian and Trustee of BC at 604.775.1007 in Vancouver, 604.775.1001 in the lower mainland, and 1.877.511.4111 elsewhere in BC (the call is free). Also, check the [http://www.trustee.bc.ca/ Public Guardian and Trustee website] and the [http://www.gov.bc.ca/health Ministry of Health website].


	[updated February ~~2014~~]		[updated February 2016]

Dial-A-Law at 23:58, 19 February 2016

2016-02-19T23:58:10Z

← Older revision		Revision as of 23:58, 19 February 2016
Line 27:		Line 27:

	'''Who cannot be a witness'''—the following people cannot be a witness:		'''Who cannot be a witness'''—the following people cannot be a witness:
	#a person who provides personal care, health care or financial services to the adult for compensation, other than a lawyer or notary.		a) a person who provides personal care, health care or financial services to the adult for compensation, other than a lawyer or notary.
	#a spouse, child, parent, employee or agent of a person described in paragraph (a).		b) a spouse, child, parent, employee or agent of a person described in paragraph (a).
			c) a person who is not an adult.
			d) a person who does not understand the type of communication used by the adult.

	'''Signing for an adult who is not physically capable'''—if an adult is not physically capable of signing an advance directive, another person can sign it for them if the adult is physically present and directs the person to sign the directive. Their signature must be witnessed as if the adult were signing the directive. The following people must not sign an advance directive for an adult:		'''Signing for an adult who is not physically capable'''—if an adult is not physically capable of signing an advance directive, another person can sign it for them if the adult is physically present and directs the person to sign the directive. Their signature must be witnessed as if the adult were signing the directive. The following people must not sign an advance directive for an adult:

Dial-A-Law at 23:55, 19 February 2016

2016-02-19T23:55:01Z

← Older revision		Revision as of 23:55, 19 February 2016
Line 2:		Line 2:

	{{Dial-A-Law TOC\|expanded = health}}		{{Dial-A-Law TOC\|expanded = health}}
	Do you have the right to refuse medical care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''Health Care (Consent) and Care Facility (Admission) Act'' ~~(available at [http://www.bclaws.ca www.bclaws.ca]). This law was amended on September 1, 2011~~.		Do you have the right to refuse medical care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96181_01 Health Care (Consent) and Care Facility (Admission) Act]''.

	The Act applies to adults – people 19 and over – but not to children. And it doesn’t apply to patients who are involuntarily admitted to hospital for psychiatric treatment under the ''Mental Health Act''. For information on consenting to and refusing psychiatric treatment as an involuntary patient, check script [[Hospitalizing a Mentally Ill Person (Script 425)\|425]], called “Hospitalizing a Mentally Ill Person”. For the law on children and consent to medical care, check script [[Children and Consent to Medical Care (Script 422)\|422]], called “Children and Consent to Medical Care”.		The Act applies to adults – people 19 and over – but not to children. And it doesn’t apply to patients who are involuntarily admitted to hospital for psychiatric treatment under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]''. For information on consenting to and refusing psychiatric treatment as an involuntary patient, check script [[Hospitalizing a Mentally Ill Person (Script 425)\|425]], called “Hospitalizing a Mentally Ill Person”. For the law on children and consent to medical care, check script [[Children and Consent to Medical Care (Script 422)\|422]], called “Children and Consent to Medical Care”.

	==A doctor or health care provider can treat you only if you consent==		==A doctor or health care provider can treat you only if you consent==

Audrey Jun at 03:24, 7 March 2015

2015-03-07T03:24:16Z

← Older revision		Revision as of 03:24, 7 March 2015
Line 97:		Line 97:

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

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

Nate Russell at 19:38, 26 February 2015

2015-02-26T19:38:55Z

← Older revision		Revision as of 19:38, 26 February 2015
Line 1:		Line 1:
	{{Dial-A-Law Blurb}}		{{Dial-A-Law Blurb}}

			{{Dial-A-Law TOC\|expanded = health}}
	Do you have the right to refuse medical care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''Health Care (Consent) and Care Facility (Admission) Act'' (available at [http://www.bclaws.ca www.bclaws.ca]). This law was amended on September 1, 2011.		Do you have the right to refuse medical care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''Health Care (Consent) and Care Facility (Admission) Act'' (available at [http://www.bclaws.ca www.bclaws.ca]). This law was amended on September 1, 2011.

Dial-A-Law at 22:40, 19 February 2015

2015-02-19T22:40:58Z

← Older revision		Revision as of 22:40, 19 February 2015
Line 1:		Line 1:
	~~{{DEMOWARNING}}~~
	{{Dial-A-Law Blurb}}		{{Dial-A-Law Blurb}}

Dial-A-Law: /* What kind of decisions can the temporary substitute decision-maker (TSDM) make? */

2015-02-19T22:38:43Z

What kind of decisions can the temporary substitute decision-maker (TSDM) make?

← Older revision		Revision as of 22:38, 19 February 2015
Line 64:		Line 64:
	The TSDM must consult with you if possible. If that’s not possible, the TSDM can rely on what they know or reasonably believe you would have wanted when you were capable. Then they must follow your wishes and beliefs to make health care decisions in your best interest. You should let your family know now what decisions you would like if you can no longer decide for yourself.		The TSDM must consult with you if possible. If that’s not possible, the TSDM can rely on what they know or reasonably believe you would have wanted when you were capable. Then they must follow your wishes and beliefs to make health care decisions in your best interest. You should let your family know now what decisions you would like if you can no longer decide for yourself.

	The TSDM can make decisions about any kind of health care, except controversial or irreversible treatments such as organ transplants and experimental surgery. Section 5 of the Health Care Consent Regulation (available at www.bclaws.ca) says a TSDM cannot consent to those types of health care.		The TSDM can make decisions about any kind of health care, except controversial or irreversible treatments such as organ transplants and experimental surgery. Section 5 of the Health Care Consent Regulation (available at [http://www.bclaws.ca www.bclaws.ca]) says a TSDM cannot consent to those types of health care.

	Section 18(2) of the Act allows the TSDM to say no to life-saving treatment if you’re terminally ill or critically injured and your doctor will follow their decision. But the doctor may challenge the TSDM if their decision is medically inappropriate and there’s no evidence that their decision reflects your wishes and is in your best interests.		Section 18(2) of the Act allows the TSDM to say no to life-saving treatment if you’re terminally ill or critically injured and your doctor will follow their decision. But the doctor may challenge the TSDM if their decision is medically inappropriate and there’s no evidence that their decision reflects your wishes and is in your best interests.

Dial-A-Law: /* Advance directives—what are they and how do they work? */

2015-02-19T22:38:11Z

Advance directives—what are they and how do they work?

← Older revision		Revision as of 22:38, 19 February 2015
Line 45:		Line 45:
	In some cases, another person, such as a family member or friend, can make medical decisions for you if you’re too ill or unable. If you’ve made a representation agreement allowing your representative to make all major and minor health decisions for you, your representative can make the medical decision. Script [[Power of Attorney and Representation Agreements (Script 180)\|180]], called “Power of Attorney and Representation Agreements” has more on this. If you’re mentally incapable, a person appointed by the court as a committee (pronounced comm-it-tay) of the person can make medical decisions for you – check script [[Committeeship (Script 426)\|426]], called “Committeeship”.		In some cases, another person, such as a family member or friend, can make medical decisions for you if you’re too ill or unable. If you’ve made a representation agreement allowing your representative to make all major and minor health decisions for you, your representative can make the medical decision. Script [[Power of Attorney and Representation Agreements (Script 180)\|180]], called “Power of Attorney and Representation Agreements” has more on this. If you’re mentally incapable, a person appointed by the court as a committee (pronounced comm-it-tay) of the person can make medical decisions for you – check script [[Committeeship (Script 426)\|426]], called “Committeeship”.

	But if you have no representative or committee of the person, your health care provider must choose a temporary substitute decision-maker, or TSDM, based on what the Act requires, as the next section explains.		But if you have no representative or committee of the person, your health care provider must choose a '''temporary substitute decision-maker''', or '''TSDM''', based on what the Act requires, as the next section explains.

	==How is a temporary substitute decision-maker (TSDM) chosen?==		==How is a temporary substitute decision-maker (TSDM) chosen?==

← Older revision		Revision as of 18:43, 27 April 2017
Line 2:		Line 2:

	{{Dial-A-Law TOC\|expanded = health}}		{{Dial-A-Law TOC\|expanded = health}}
	Do you have the right to refuse ~~medical~~ care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96181_01 Health Care (Consent) and Care Facility (Admission) Act]''.		Do you have the right to refuse health care? Who and what allows doctors to treat you if you’re unconscious or unable to indicate what medical treatment you want? The answers to these and other questions are in a BC law called the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96181_01 Health Care (Consent) and Care Facility (Admission) Act]''.

	The Act applies to adults – people 19 and over – but not to children. And it doesn’t apply to patients who are involuntarily admitted to hospital for psychiatric treatment under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]''. For information on consenting to and refusing psychiatric treatment as an involuntary patient, check script [[Hospitalizing a Mentally Ill Person (Script 425)\|425]], called “Hospitalizing a Mentally Ill Person”. For the law on children and consent to ~~medical~~ care, check script [[Children and Consent to ~~Medical~~ Care (Script 422)\|422]], called “Children and Consent to ~~Medical~~ Care”.		The Act applies to adults – people 19 and over – but not to children. And it doesn’t apply to patients who are involuntarily admitted to hospital for psychiatric treatment under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]''. For information on consenting to and refusing psychiatric treatment as an involuntary patient, check script [[Hospitalizing a Mentally Ill Person (Script 425)\|425]], called “Hospitalizing a Mentally Ill Person”. For the law on children and consent to health care, check script [[Children and Consent to Health Care (Script 422)\|422]], called “Children and Consent to Health Care”.

	==A doctor or health care provider can treat you only if you consent==		==A doctor or health care provider can treat you only if you consent==
Line 11:		Line 11:
	The law says, “Consent to health care may be expressed orally or in writing or may be inferred from conduct”. This means that people can consent to health care in writing or verbally. And if a person can’t give written or verbal consent, a doctor or health care provider may be able to decide – based on the person’s conduct – that the person consents to health care.		The law says, “Consent to health care may be expressed orally or in writing or may be inferred from conduct”. This means that people can consent to health care in writing or verbally. And if a person can’t give written or verbal consent, a doctor or health care provider may be able to decide – based on the person’s conduct – that the person consents to health care.

	==Do you have the right to refuse ~~medical~~ care?==		==Do you have the right to refuse health care?==
	Yes. Every capable adult has the right to consent to ~~medical~~ care or refuse it – for any reason, including moral and religious reasons. Adults also have the right to change their decisions about medical treatment. You can refuse life support or other ~~medical~~ care, such as a blood transfusion, even if it means you will die.		Yes. Every capable adult has the right to consent to health care or refuse it – for any reason, including moral and religious reasons. Adults also have the right to change their decisions about medical treatment. You can refuse life support or other health care, such as a blood transfusion, even if it means you will die.

	To refuse treatment, you must be capable. The law presumes all adults are capable of giving, refusing, or revoking their consent, unless it’s clear they are not capable of making those decisions. If a doctor questions a person’s mental capability, the doctor can require the person to undergo a competency assessment by a medical expert.		To refuse treatment, you must be capable. The law presumes all adults are capable of giving, refusing, or revoking their consent, unless it’s clear they are not capable of making those decisions. If a doctor questions a person’s mental capability, the doctor can require the person to undergo a competency assessment by a medical expert.

	==What if you’re incapable and cannot consent?==		==What if you’re incapable and cannot consent?==
	Consent to ~~medical~~ care in a medical emergency may not be needed to treat you if you’re an adult – it depends on the situation. If your life or health is seriously threatened, and it appears that you are not capable of making health care decisions, health care providers may not need consent to treat you. Because they are dealing with a medical emergency, they may be able do whatever is necessary to try to save your life or prevent serious physical or mental harm.		Consent to health care in a medical emergency may not be needed to treat you if you’re an adult – it depends on the situation. If your life or health is seriously threatened, and it appears that you are not capable of making health care decisions, health care providers may not need consent to treat you. Because they are dealing with a medical emergency, they may be able do whatever is necessary to try to save your life or prevent serious physical or mental harm.

	But health care providers must not provide health care to you if you become incapable and they have reasonable grounds to believe that you previously indicated that you wanted to refuse health care in a particular case – even a medical emergency. For example, you may carry a card saying you refuse to have a blood transfusion.		But health care providers must not provide health care to you if you become incapable and they have reasonable grounds to believe that you previously indicated that you wanted to refuse health care in a particular case – even a medical emergency. For example, you may carry a card saying you refuse to have a blood transfusion.
Line 93:		Line 93:

	==More information==		==More information==
	To learn more about consenting to – and refusing – ~~medical~~ care, call the Public Guardian and Trustee of BC at 604.775.1007 in Vancouver, 604.775.1001 in the lower mainland, and 1.877.511.4111 elsewhere in BC (the call is free). Also, check the [http://www.trustee.bc.ca/ Public Guardian and Trustee website] and the [http://www.gov.bc.ca/health Ministry of Health website].		To learn more about consenting to – and refusing – health care, call the Public Guardian and Trustee of BC at 604.775.1007 in Vancouver, 604.775.1001 in the lower mainland, and 1.877.511.4111 elsewhere in BC (the call is free). Also, check the [http://www.trustee.bc.ca/ Public Guardian and Trustee website] and the [http://www.gov.bc.ca/health Ministry of Health website].


	[updated ~~February~~ 2016]		[updated March 2016]