Informed Consent RIGHT 7 Right to Make an Informed Choice and Give Informed Consent 4) Where a consumer is not competent to make an informed choice and give informed consent, and no person entitled to consent on behalf of the consumer is available, the provider may provide services where - a) It is in the best interests of the consumer; and b) Reasonable steps have been taken to ascertain the views of the consumer; and c) Either, - i. If the consumer's views have been ascertained, and having regard to those views, the provider believes, on reasonable grounds, that the provision of the services is consistent with the informed choice the consumer would make if he or she were competent; or ii. If the consumer's views have not been ascertained, the provider takes into account the views of other suitable persons who are interested in the welfare of the consumer and available to advise the provider.
Welfare Guardians Protection of Personal and Property Rights Act 1988. (PPPR) Section 12 – appointment of welfare guardian Section 18 – welfare guardian has wide range of powers Ss 21, 86 and 88 – if welfare guardian abuses their powers, there is protection for the individual who is under the welfare guardianship Section 21 – reasonable expenses reimbursed
Supported Decision Making. UN Convention on the Rights of Persons with Disabilities – Article 12 Substituted decision-making is when someone or something such as the courts or health professionals makes decisions on behalf of someone else. Supported decision-making is when someone, in consultation with the individual who is deemed to lack legal capacity is supported to make decisions the agent takes account of the individuals input and their thoughts.
Supported Decision-Making – Continued Canadian model - Representation Agreement Act 2000 We have a lot of work to do, but in the end what is it we want for our community? It is up to us to begin to ask for a more inclusive legal framework for those we love who lack legal capacity.
Some Resources Health and Disability Commissioner Act 1994 http://www.hdc.org.nz http://www.paradigmuk.org/Resources/9/2/9/Sup ported%20Decision%20Making%20(Final%20Onli ne%20Version).pdf http://www.paradigmuk.org/Resources/9/2/9/Sup ported%20Decision%20Making%20(Final%20Onli ne%20Version).pdf http://www.un.orgwww.un.org Protection of Personal Property Rights Act 1988 www.rarc.ca