HESA 6305 Lecture Notes - Lecture 6: Mature Minor Doctrine, Best Interests, Parens Patriae
1 Nov 2017
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Document Summary
In ns, the age of majority act defined the age of majority as 19. Adults have the capacity to make decisions if they can understand and appreciate the information relevant to the treatment and any alternatives. Adults enjoy a presumption of capacity e. g. s. 52(1) hospitals act. If there is no emergency and the person is a minor, the healthcare provider must consider if the province in which they are practicing has legislation that deals with medical consent of minors. If the province does not have such legislation (i. e. ns), then healthcare providers must look to the common law for guidance. Welfare principle is also found in legislation (i. e. nb), but ns does not have legislation that directly deals with the consent of minors. In other words, the right of a minor to make decisions depends on their level of maturity and the complexity of the decision/seriousness of the consequences of the decision.
