Law 3101A/B Chapter Notes - Chapter 3: Personal Representative, Determinative, Order Of St Michael And St George
Document Summary
Overview: authority to exercise substitute consent for personal care, safeguards on substitute decision making for personal care. 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 property. Parental authority to exercise substitute consent: custody and access, parents, children, courts and the exercise of substitute consent. Part 1: substitute decision making for personal care. Substitute consent is only necessary when 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 The common law principles of substitute consent have largely been replaced by the hcca and. Substitute decision makers (sdms) must give or refuse consent based on: any prior binding and applicable wish expressed when the patient was capable and 16 year of age or older. Note that these are not binding prior expressed wishes: 3 medical issues to take into account:
