HDC CODE: CAPACITY TO CONSENT TO TREATMENT

Capacity is an essential component to validating consent, or refusal to consent, but there is no specific legal test for capacity set out in the HDC Code itself.   The person must be able to understand, the nature and effects of the proposed treatment, the purpose for which it is needed, the likelihood of success and any alternative forms of treatment.  The possible consequences to the person of receiving, or not receiving, the proposed treatment should be explained.  Even where there is an appointed welfare guardian or attorney, every effort should be made to help the person participate as much as possible in the decision to be made.

  © Copyright 2017 Alison Douglass