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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 00:39, 11 October 2022
, 00:39, 11 October 2022→D. Temporary Substitute Decision-Makers (TSDM)
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However, if there is no representative and no committee in place, then the health care provider will need to find a TSDM to give or refuse consent (''HCCFA'' s19.8). The ''HCCFA'' outlines the specific procedures that health care providers must follow to obtain legally valid consent. Section 16(1) of the ''HCCFA'' sets out the ‘default list,’ which health care providers must follow (in hierarchical order) to determine the appropriate person to act as a TSDM. To obtain substitute consent to provide major or minor health care to an adult, a health care provider must choose the first, in the listed order, of the following who is available and qualifies under s 16 of the ''HCCFA'': | However, if there is no representative and no committee in place, then the health care provider will need to find a TSDM to give or refuse consent (''HCCFA'' s19.8). The ''HCCFA'' outlines the specific procedures that health care providers must follow to obtain legally valid consent. Section 16(1) of the ''HCCFA'' sets out the ‘default list,’ which health care providers must follow (in hierarchical order) to determine the appropriate person to act as a TSDM. To obtain substitute consent to provide major or minor health care to an adult, a health care provider must choose the first, in the listed order, of the following who is available and qualifies under s 16 of the ''HCCFA'': | ||
* The adult's spouse or partner | |||
* The adult's child who is over 19 | |||
* The adult's parent | |||
* The adult's sibling | |||
* The adult’s grandparent | |||
* The adult’s grandchild | |||
* Other relatives by birth or adoption (but not in-laws or step-children) | |||
* Close friend | |||
* Persons immediately related by marriage (including in-laws and step-children) | |||
To qualify to give, refuse or revoke substitute consent to health care for an adult, a person must under s 16(2) of the ''HCCFA'': | To qualify to give, refuse or revoke substitute consent to health care for an adult, a person must under s 16(2) of the ''HCCFA'': | ||
* Be at least 19 years of age | |||
* Have been in contact with the adult during the preceding 12 months | |||
* Have no disputes with the adult | |||
* Be capable of giving, refusing or revoking substitute consent | |||
* Be willing to comply with the duties in section 19 | |||
If no one listed in subsection (1) is available or qualifies under subsection (2), or if there is a dispute about who is to be chosen, the health care provider must choose a person authorized by the Public Guardian and Trustee (which can include a person employed in the Office of the Public Guardian and Trustee). | If no one listed in subsection (1) is available or qualifies under subsection (2), or if there is a dispute about who is to be chosen, the health care provider must choose a person authorized by the Public Guardian and Trustee (which can include a person employed in the Office of the Public Guardian and Trustee). | ||
The TSDM must act in accordance with the adult patient’s wishes, values and beliefs, when the patient is unable to provide their own consent and does not have an appointed committee or a representative. | The TSDM must act in accordance with the adult patient’s wishes, values and beliefs, when the patient is unable to provide their own consent and does not have an appointed committee or a representative. | ||
=== E. Admission to Care Facilities === | === E. Admission to Care Facilities === | ||