Who May Give Informed Consent?
If the patient is competent, the patient has the right to consent to, or refuse, the treatment. Generally, it is assumed that an adult patient presenting for treatment is competent, unless there is evidence to the contrary. “Competency” is generally defined as the ability to understand the nature and consequences of the illness and the proposed treatment and alternative to treatment and the ability to make a reasoned decision in this regard. The law presumes the competency of every person 18 years of age or older.
Parents are usually the legal guardians for pediatric patients and will sign the consent forms. If the parents are divorced the parent with legal custody must give consent.
Sometimes, getting informed consent is difficult, for example, the client is unconscious. Then, consent can be obtained from a person legally authorized to give it on the patient’s behalf, like a wife or husband.
In emergency situations, if it is impossible to obtain consent from the client or an authorized person, the procedure required to benefit or save the patient’s life may be done without liability for failure to obtain consent. In such cases the law assumes the client would wish to be treated.
Psychiatric clients must also give consent. They retain the right to refuse treatment until a court has legally determined that they are incompetent to decide for themselves