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Difference between revisions of "Adults and Consent to Medical Care (Script 428)"

From Clicklaw Wikibooks
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If you previously indicated what you want in a medical emergency, health care providers must follow your wishes if the emergency occurs. For example, you may have made an advance directive. That is a written instruction by a capable adult that gives or refuses consent to health care (described in the advance directive) if the adult is not capable of giving the instruction when the health care is needed.
If you previously indicated what you want in a medical emergency, health care providers must follow your wishes if the emergency occurs. For example, you may have made an advance directive. That is a written instruction by a capable adult that gives or refuses consent to health care (described in the advance directive) if the adult is not capable of giving the instruction when the health care is needed.


Signing requirements—an advance directive must be signed and dated by the adult in front of 2 witnesses. The directive must also be signed and dated by the 2 witnesses in front of the adult (only one witness is needed if the person is a notary or lawyer). The witnesses must be capable adults who understand the type of communication the adult uses. They can use an interpreter if necessary.
'''Signing requirements'''—an advance directive must be signed and dated by the adult in front of 2 witnesses. The directive must also be signed and dated by the 2 witnesses in front of the adult (only one witness is needed if the person is a notary or lawyer). The witnesses must be capable adults who understand the type of communication the adult uses. They can use an interpreter if necessary.


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 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).
#a spouse, child, parent, employee or agent of a person described in paragraph (a).


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:
#a witness to the signing of the advance directive.
#a witness to the signing of the advance directive.
#a person prohibited from acting as a witness (described in the preceding paragraph).
#a person prohibited from acting as a witness (described in the preceding paragraph).
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