lecture 19 Flashcards
incapable
mentally incapable
incapacity
has a corresponding meaning
capacity
understand the information and appreciate the reasonably foreseeable consequences
presumption of capacity
reasonable grounds to believe that the other person is incapable
manner of expression
wishes may be expressed in a power of attorney, in a form prescribed by the regulations, in any other written form, orally or in any other manor.
Elements of consent: the following are the elements required for consent to treatment
- The consent must relate to the treatment
- The consent must be informed
- The consent must be given voluntarily
- The consent must not be obtained through misrepresentation or fraud
informed consent
a consent to treatment is informed, if before giving it,
- The nature of the treatment
- The expected benefits of the treatment
- The material risks of the treatment
- The material side effects of the treatment
- Alternative courses of action
- The likely consequences of not having the treatment
what happend in the swayze case
Basically there was a man who didn’t like the side effects of his medication for a mental illness, the doctors wanted to force him to take it but he didn’t want to
The case was appealed to the supreme court of canada
outcome of the Swayze case
the appeal was dismissed
the man didn’t taken the medication and then he ended up getting sicker and sicker and he ended having to go back on the medication