law - consent, guardianship, POA, wills, ACD Flashcards
define Consent
permission for something to happen or agreement to do something. must obtain a patient’s consent before they undertake any medical procedure, unless it is an emergency.
exceptions for consent
Emergency • Incompetent patients • Necessity/best interests of the patient • Legislation • Order of court or other tribunal
types of consent
Implied
• Verbal
• Written
elements of consent (3)
It must be voluntary. Consent given under threat or duress/coercion, sedation,
misrepresentation or not understood due to a language barrier is not valid and can
be withdrawn at any time.
2. It must be specific. The act that is being consented to must be precisely the act
that is carried out. The person must be properly informed about the specific
procedure including risks and benefits. (informed consent)
3. It must come from a competent person. In other words the client must be an adult
of sound mind
A guardian
, meaning a person appointed by Victorian Civil and
Administrative Tribunal (VCAT) under the G&A Act, to make personal and
lifestyle decisions for someone with a disability who is not able to make
those decisions them self
An administrator,
meaning a person appointed by VCAT, under the G&A
Act, to make financial and legal decisions for someone with a disability
who is not able to make those decisions them self
An enduring guardian
, meaning a person appointed by an individual, under
the G&A Act, to make personal and lifestyle decisions for that individual
when they are no longer able to make those decisions them self
An attorney (general)
, meaning a person appointed by an individual, under
the Instruments Act 1958, to make financial and legal decisions for them,
but while they still have decision-making capacity
An enduring attorney (financial)
, meaning a person appointed by an
individual, under the Instruments Act, to make financial and legal
decisions for them, continuing beyond any future loss of decision-making
capacity
An agent,
meaning a person appointed by an individual, under the Medical
Treatment Act 1988 (Vic) (MT Act)., to make medical treatment decisions
for them when they are no longer able to make those decisions themself,
called an enduring power of attorney (medical treatment)
A person responsible, ‘automatic appointment’
meaning an ‘automatic appointment’, determined
according to a hierarchical list set out in the G&A Act, for medical
treatment decisions for a patient with a disability who is unable to make
those decisions themself
negligence
failure to take reasonable care or steps to prevent loss or injury to another person. breach of duty of care. foreseeable harm
