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there shall be no treatment without consent - s. 10 Health Care Consent Act, 1996 (HCCA). Consent must be from:
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the person who will receive the treatment if the person is capable with respect to the treatment, or |
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the substitute decision-maker if the person is not capable. |
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"treatment" is defined in s. 2(1) HCCA |
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the test for whether a person is capable with respect to a treatment is defined in s. 4(1) HCCA
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presumption of capacity (s . 4(2) HCCA) |
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reliance on presumption (s. 4(3) HCCA) |
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obtaining consent to treatment |
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substitute decision-makers are listed in s. 20(1) HCCA |
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SDM shall give or refuse consent based upon (s. 21 HCCA)
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incapable person's prior wishes (s. 5 HCCA); |
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incapable person's best interests |
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the liability of health practitioner is limited by s. 29(1) HCCA |
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Consent and Capacity Board |
