Law 3101A/B Lecture Notes - Lecture 3: Personal Representative, Chemotherapy, Hamilton Health Sciences

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Overview: authority to exercise substitute consent for personal care, safeguards on substitute decision making for personal. Substitute decision making for property: authority to exercise substitute consent for property, safeguards on substitute decision making for property, obligations of guardians and powers of attorney for. Parental authority to exercise substitute consent: custody and access, parents, children, courts and the exercise of substitute care. property. consent. The issue of substitute consent only arises once it is established that a patient is incapable or a statute has given decision making authority to a third party. The common law principles of substitute consent have been displaced by the hcca and sda. (a) general principles under the hcca. Sdms must give or refuse consent based on any prior applicable wish expressed when the patient was capable and 16 year of age or older. Sdm must take into account: substitute decision makers must take into consideration a list of 5 variables:

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