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Difference between revisions of "Mental Health Act: Consent to Medical Treatment (14:VI)"
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Mental Health Act: Consent to Medical Treatment (14:VI) (view source)
Revision as of 21:39, 10 October 2022
, 21:39, 10 October 2022→1. Refusal to Sign Consent Treatment Form: Possible Consequences
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Under the ''Patients Property Act'' (''PPA'') hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing their personal affairs. Minor changes were made to the PPA in September 2011. Under the PPA, a legal guardian or public trustee is appointed as committee to give consent on behalf of the patient. It is not sufficient for a family member to give consent for a voluntary informal patient without first obtaining legal guardianship or committeeship, or becoming a Representative under the ''Representative Agreement Act'', or becoming a substitute decision maker under the ''HCCFA''. | Under the ''Patients Property Act'' (''PPA'') hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing their personal affairs. Minor changes were made to the PPA in September 2011. Under the PPA, a legal guardian or public trustee is appointed as committee to give consent on behalf of the patient. It is not sufficient for a family member to give consent for a voluntary informal patient without first obtaining legal guardianship or committeeship, or becoming a Representative under the ''Representative Agreement Act'', or becoming a substitute decision maker under the ''HCCFA''. | ||
A decision from Nova Scotia regarding guardianship found that some of the central provisions of the ''Incompetent Persons Act'', R.S.N.S., 1989, c. 218 are unconstitutional ([https://www.canlii.org/en/ns/nssc/doc/2016/2016nssc180/2016nssc180.html?resultIndex=1 ''Webb v Webb'', 2016 NSSC 180]). This legislation allows for the appointment of a guardian where a person is found incompetent (similarly to the ''PPA''), but it was found that the legislation was overbroad. It did not allow a court to tailor a guardianship order so that a person subject to that order could retain the ability to makes decisions in respect of those areas in which they are capable. This may have an impact on the application of BC's ''PPA'' in the future | A decision from Nova Scotia regarding guardianship found that some of the central provisions of the ''Incompetent Persons Act'', R.S.N.S., 1989, c. 218 are unconstitutional ([https://www.canlii.org/en/ns/nssc/doc/2016/2016nssc180/2016nssc180.html?resultIndex=1 ''Webb v Webb'', 2016 NSSC 180]). This legislation allows for the appointment of a guardian where a person is found incompetent (similarly to the ''PPA''), but it was found that the legislation was overbroad. It did not allow a court to tailor a guardianship order so that a person subject to that order could retain the ability to makes decisions in respect of those areas in which they are capable. This may have an impact on the application of BC's ''PPA'' in the future. | ||
Sections 50 to 59 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''] allow for a person from a designated agency to make unilateral decisions which affect the adult’s support and assistance without their consent, including treatment and removal from a residence. For instance, section 56 allows a person from a designated agency to apply for a court order which can determine an adult’s mode of treatment. Furthermore, section 59 gives a person from a designated agency broad powers, such as the power to enter their premises without a warrant, remove them from their premises and convey them to “a safe place”, and to provide emergency medical care. This is permitted so long as these powers are exercised within the context of an emergency situation or a context where the adult is incapable of providing consent. | Sections 50 to 59 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''] allow for a person from a designated agency to make unilateral decisions which affect the adult’s support and assistance without their consent, including treatment and removal from a residence. For instance, section 56 allows a person from a designated agency to apply for a court order which can determine an adult’s mode of treatment. Furthermore, section 59 gives a person from a designated agency broad powers, such as the power to enter their premises without a warrant, to remove them from their premises and convey them to “a safe place”, and to provide emergency medical care. This is permitted so long as these powers are exercised within the context of an emergency situation or a context where the adult is incapable of providing consent. See [[Introduction_to_Adult_Guardianship_and_Substitute_Decision-Making_(15:I)|Chapter 15: Adult Guardianship]] for more information. | ||
The facility could also proceed under the ''HCCFA'' by declaring the patient incapable of consenting, by using a TSDM and/or by claiming that a state of emergency exists such that the patient must be treated without their consent. | The facility could also proceed under the ''HCCFA'' by declaring the patient incapable of consenting, by using a TSDM and/or by claiming that a state of emergency exists such that the patient must be treated without their consent. | ||
