Who can give consent?

Question 1

For consent to be informed, the pt much:

Answer 1

be able to understand what is wrong; be able to understand the consequences of both undergoing or declining the trt; be able to communicate their decision (not necessarily verbally)

Question 2

Some children under 16

Answer 2

may be able to give informed consent for their own trt called ‘Gillick competence’. + its accepted by law as the right of child to make decision to proceed trt + cannot be overruled by parent/guardian

Question 3

A child under 16 refusing trt

Answer 3

in contradiction to the wishes of their parent/guardian but this can be overruled by the parent.
-Children judged to be mature + intelligent enough to understand situation can refuse disclosure of their health records to parent/guardian

Question 4

Children over 16 + of sound mind

Answer 4

can legally consent to undergo trt + cannot be overruled by parent/guardian, but they can be overruled if they refuse trt - but dentist would be advised to make application to court for a decision in these cases.

Question 5

Parent/guardian refuses trt

Answer 5

that is in child’s best interest, a court can be asked to make an order for trt to be carried out anyway + lawfully.

Question 6

In Scotland

Answer 6

the age of legal capacity act 1991 is specific + provides that under 16 who is capable of understanding nature + consequences of trt shall have legal capacity to consent

Question 7

In Northern Ireland

Answer 7

the age of consent for medical + dental trt is 16 anyway

Question 8

Once a person turns 18

Answer 8

+ have capacity to reach decisions on own behalf, that person is judged to be competent adult + can give or withhold consent

Question 9

Incompetent adults

Answer 9

are those who, for reasons of mental incapacity or illness, cannot give informed consent for trt because they don’t have capacity to reach an informed decision on their own behalf

-dentist has to assess pt + determine the validity of any consent given, sometimes opinion of second professional is required to determine validity

Question 10

In summary, those who can give consent are:

Answer 10

Gillick competent child to age of 16 in England + Wales
Scottish equivalent
16-18 of sound mind in England + Wales
16 in Scotland + Northern Ireland
Competent adult
Dentist on behalf of an incompetent adult, when in pts best interest + with agreeing second opinion from another professional