Difference between revisions of "Mental Health Act: Consent to Medical Treatment (14:VI)"

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Under the ''HCCFA'', “An adult consents to health care if
Under the ''HCCFA'', “An adult consents to health care if
*(a)the consent relates to the proposed health care,
:(a)the consent relates to the proposed health care,
*(b)the consent is given voluntarily,
:(b)the consent is given voluntarily,
*(c)the consent is not obtained by fraud or misrepresentation,
:(c)the consent is not obtained by fraud or misrepresentation,
*(d)the adult is capable of making a decision about whether to give or refuse consent to the proposed health care,
:(d)the adult is capable of making a decision about whether to give or refuse consent to the proposed health care,
*(e)the health care provider gives the adult the information a reasonable person would require to understand the proposed health care and to make a decision, including information about
:(e)the health care provider gives the adult the information a reasonable person would require to understand the proposed health care and to make a decision, including information about
**(i) the condition for which the health care is proposed,
::(i) the condition for which the health care is proposed,
**(ii) the nature of the proposed health care,
::(ii) the nature of the proposed health care,
**(iii) the risks and benefits of the proposed health care that a reasonable person would expect to be told about, and
::(iii) the risks and benefits of the proposed health care that a reasonable person would expect to be told about, and
**(iv) alternative courses of health care, and
::(iv) alternative courses of health care, and
*(f)the adult has an opportunity to ask questions and receive answers about the proposed health care.” (s 6).
:(f)the adult has an opportunity to ask questions and receive answers about the proposed health care.” (s 6).


Consent can be given in writing, orally, or inferred from conduct.  
Consent can be given in writing, orally, or inferred from conduct.