Difference between revisions of "Adults and Consent to Health Care"

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Adults and Consent to Health Care (view source)

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m (Drew Jackson moved page Adults and Consent to Health Care (Script 428) to Adults and Consent to Health Care (No. 428): align with new Dial-A-Law website)
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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/  Public Guardian and Trustee of British Columbia]|date= June 2018}} {{Dial-A-Law TOC|expanded = health}}
 
{{Dial-A-Law TOC|expanded = health}}
Generally speaking, adults can only be given health care with their consent. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.   
Generally speaking, adults can only be given health care with their consent. We explain consent, and the exceptions to this general rule, including what happens when someone is mentally incapable.   


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The general rule under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec5_smooth law in BC] is: a doctor (or another health care provider) can treat you only if you '''consent'''.  
The general rule under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec5_smooth law in BC] is: a doctor (or another health care provider) can treat you only if you '''consent'''.  


For this rule to apply, you must be a '''mentally capable adult'''. Different rules apply to children; we explain these in our information on [[Children and Consent to Medical Care (Script 422)|children and consent to health care (no. 422)]]. If an adult is unconscious, mentally incapable, or otherwise unable to give consent, the law sets out procedures to follow. We explain those shortly.
For this rule to apply, you must be a '''mentally capable adult'''. Different rules apply to children; we explain these in our information on [[Children and Consent to Health Care (No. 422)|children and consent to health care (no. 422)]]. If an adult is unconscious, mentally incapable, or otherwise unable to give consent, the law sets out procedures to follow. We explain those shortly.


For your consent to be valid, it must be '''informed'''. This means your doctor or health care provider must explain your illness or condition to you and tell you about the proposed treatment, the risks and benefits of it, and any alternative treatments, including no treatment.
For your consent to be valid, it must be '''informed'''. This means your doctor or health care provider must explain your illness or condition to you and tell you about the proposed treatment, the risks and benefits of it, and any alternative treatments, including no treatment.
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{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
For information on consenting to and refusing psychiatric treatment as an involuntary patient, see our information on [[Hospitalizing a Mentally Ill Person (Script 425)|hospitalizing a mentally ill person (no. 425)]].  
For information on consenting to and refusing psychiatric treatment as an involuntary patient, see our information on [[Hospitalizing a Mentally Ill Person (No. 425)|hospitalizing a mentally ill person (no. 425)]].  
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====Effect of an advance directive====
====Effect of an advance directive====
Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[Power of Attorney and Representation Agreements (Script 180)|representative]] or [[Committeeship (Script 426)|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.  
Generally speaking, if an adult needs health care and is incapable of giving or refusing consent to the health care — and the health care provider doesn’t know of any [[Powers of Attorney and Representation Agreements (No. 180)|representative]] or [[Committeeship (No. 426)|committee]] with authority to make decisions for the adult — then the health care provider must follow any advance directive they are aware of.  


But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things:
But there are exceptions. A health care provider does '''not''' have to follow the instructions in an advance directive if they reasonably believe any of these things:
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In some cases, another person can make health care decisions for you if you’re too ill or otherwise unable to decide.  
In some cases, another person can make health care decisions for you if you’re too ill or otherwise unable to decide.  


You may have made a '''representation agreement''' allowing your '''representative''' to make health care decisions for you. Our information on [[Power of Attorney and Representation Agreements (Script 180)|powers of attorney and representation agreements (no. 180)]] explains representation agreements. If you become mentally incapable, a court may appoint a person as your '''committee''', and that person can make health care decisions for you. Our information on [[Committeeship (Script 426)|committeeship (no. 426)]] has more on committees.
You may have made a '''representation agreement''' allowing your '''representative''' to make health care decisions for you. Our information on [[Powers of Attorney and Representation Agreements (No. 180)|powers of attorney and representation agreements (no. 180)]] explains representation agreements. If you become mentally incapable, a court may appoint a person as your '''committee''', and that person can make health care decisions for you. Our information on [[Committeeship (No. 426)|committeeship (no. 426)]] has more on committees.


Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], if you have neither a representative nor a committee, and you are too ill or otherwise unable to make a decision on your health care, your health care provider must choose a '''temporary substitute decision-maker''' based on a priority order set out in the law.
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-181/latest/rsbc-1996-c-181.html#sec16_smooth law in BC], if you have neither a representative nor a committee, and you are too ill or otherwise unable to make a decision on your health care, your health care provider must choose a '''temporary substitute decision-maker''' based on a priority order set out in the law.
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[updated June 2018]
'''The above was last reviewed for legal accuracy by Sarah Watson and Karl Maier, [http://www.trustee.bc.ca/  Public Guardian and Trustee of British Columbia].'''


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