What happens if I cannot consent to medical treatment?
Usually, a cannot force you to get a medical treatment.
The law says that a health-care provider needs your consent to give you medical treatment. This applies unless you're not to give consent or there's a medical emergency.
Medical treatment is anything that a health-care provider does to improve your health or stop it from getting worse. This includes medical care for an illness or injury, medicine or drugs, counselling, and surgery.
Giving consent
Consent means that you agree to something.
The law says that you must give your consent to your health-care provider before you get medical treatment. And your consent must be informed and voluntary.
Informed means that your health-care provider gives you information about the treatment and you understand what it means. Your health-care provider must tell you:
- what the treatment is
- why you're getting it and how it will help you
- what side effects and risks there are
- what can happen if you do not get treated
- what other treatment options there are
Voluntary means that you make the choice yourself. No one forces you.
If you’re not able to give consent
A health-care provider can treat you without your consent if:
- you're not mentally capable of giving your consent, or
- there's a medical emergency, for example, you're in an accident and need surgery right away to live.
To be mentally capable to give your consent, you must understand:
- what the treatment is, and
- what can happen if you decide to have or not have the treatment.
You can be mentally capable to consent to some treatments but not others.
You can also be capable one day but not another day. For example, you might go into a coma or start taking medication that affects your thinking.
Having a substitute decision-maker
If you're not mentally capable to consent to medical treatment, a (SDM) acts for you.
If you have a Power of Attorney for Personal Care, your attorney is your SDM.
If you have a , your guardian is your SDM even if you have a .
If you do not have a Power of Attorney for Personal Care or a guardian of the person, the law says who will be your SDM. Read more in Step 4.
