Law 3101A/B Lecture Notes - Lecture 3: Conjoined Twins, Personal Representative, Surrogate Decision-Maker
9 Dec 2016
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Issue of substitute consent only arises once it is established that a patient is incapable or a statue has given decision-making authority to a third party. Common law principles of substitute consent have been displaced by statutory principles of the health care consent act and the substitute decisions act (sda) Best interest is hard to apply must take into consideration a list of 5 variables: Whether person"s condition or well-being is likely to improve dignity. Wishes expressed by the patient when under the age of 16 or incapable interests and quality of life included. Sdm can apply to consent and capacity board (ccb) for direction if: 2 exceptions: court appointed guardian of the person with expressed authority to admit them even if they object can, and if they are the power of attorney for personal care with expressed authority to admit. Sdm is entitled to all info the patient would be entitled to if capable.
