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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Under the HCCFA, it is unlikely that mere signing of this form constitutes informed consent to treatment. Consent will be considered to be “informed” only where the patient has been informed of the nature of the risks and benefits of the specific treatment and of alternative treatments, and has agreed to be subject to the treatment. | Under the HCCFA, it is unlikely that mere signing of this form constitutes informed consent to treatment. Consent will be considered to be “informed” only where the patient has been informed of the nature of the risks and benefits of the specific treatment and of alternative treatments, and has agreed to be subject to the treatment. | ||
=== 1. Refusal to Sign Consent Treatment Form: Possible Consequences === | |||
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. The PPA could be changed at any time in the future, so it is important to check the current version of the PPA to determine whether further changes have been made. 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 (not currently in force) of the ''Adult Guardianship Act'' are met, including two medical assessment reports. See [[Adult Guardianship Legislation and Resources (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. | |||
'''NOTE:''' Some of the HCCFA is now no longer in force. As there may be future changes, students should check the statute before advising clients. | |||