Law 3101A/B Lecture Notes - Viral Load, Child Custody, Fiduciary
26 Jul 2013
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Issue arises after it is determined that a patient lacks capacity to make decisions regarding treatment, personal assistance, admission, or property management decisions. Common law principles around the issue, over turned by hcca and sda. Part 1: substitute consent under hcca: general principles. Substitute decision makers do not have a free hand in making personal care decisions. Hcca states how substitute makers are to be made. Give or refuse consent accordance with the known expressed by the person while competent and over 16. If no prior wish is known or it is impossible to comply with the wish, base consent on the incapable person"s best interest. Following shall be taken into consideration when determining best interests: Values and beliefs that are incapable person held when he or she was competent. Any wishes expressed by the person while incapable or under 16.
