Nursing Seminar - Substitute Decision Makers

Substitute Decision-Makers (SDMs)


Subsection 20(1) of the HCCA sets out a list of SDMs and a hierarchy:

The incapable person's guardian of the person, if the guardian has authority to give or refuse consent to the treatment.
The incapable person's attorney for personal care, if the power of attorney confers authority to give ore refuse consent to the treatment.
The incapable person's representative appointed by the Board under section 33 of the HCCA, if the representative has authority to give ore refuse consent to the treatment.
The incapable person's spouse or partner.
A child or parent of the incapable person, or a children's aid society or other person who is lawfully entitled to give or refuse consent to the treatment in the place of the parent. This paragraph does not include a parent who has only a right of access. If a children's aid society or other person is lawfully entitled to give or refuse consent to the treatment in the place of the parent, this paragraph does not include the parent.
A parent of the incapable person who has only a right of access.
A brother or sister of the incapable person.
Any other relative of the incapable person.
The Public Guardian and Trustee (PGT).