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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 18:01, 28 October 2016
, 18:01, 28 October 2016→1. Refusal to Sign Consent Treatment Form: Possible Consequences
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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 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 (not currently in force) of the ''Adult Guardianship Act'' are met, including two medical assessment reports. See [[Adult Guardianship | 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 [[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. | ||