Mental Health Act: Consent to Medical Treatment (14:VI): Difference between revisions
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Mental Health Act: Consent to Medical Treatment (14:VI) (view source)
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A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | ||
Under the 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 his or her person. 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 for 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 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 his or her person. 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 for 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 substitute decision maker under the HCCFA. | ||
The ''Adult Guardianship and Planning Statutes Amendment Act'' was to come into force as of September 2011; however, not all planned changes in fact occurred at that time. The planned changes could in the future allow an application for court appointment of a guardian to be made if the requirements of s 5 of Part 2 | A recent decision in 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 (Webb v. Webb, 2016 NSSC 180). This legislation allows for the appointment of a guardian where a person is found incompetent (similar to the PPA), but it was found that the legislation was overbroad, not allowing a court to tailor a guardianship order so that a person subject to that order can retain the ability to makes decisions in respect of those areas in which they are capable. This may have an impact on the PPA in BC in the future | ||
The ''Adult Guardianship and Planning Statutes Amendment Act'' was to come into force as of September 2011; however, not all planned changes in fact occurred at that time. The planned changes could in the future allow an application for court appointment of a guardian to be made if the requirements of s 5 of Part 2 of the ''Adult Guardianship Act'' are met, including two medical assessment reports. See [[Introduction to Adult Guardianship (15:I) | Chapter 15 – Guardianship]] for more information, and check the current version of the AGA to see which sections are currently in force. | |||
The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a temporary substitute decision maker (TSDM) and/or claiming that a state of emergency exists such that the patient must be treated without his or her consent. | The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a temporary substitute decision maker (TSDM) and/or claiming that a state of emergency exists such that the patient must be treated without his or her consent. | ||
