What can I do if there is an emergency before I can make an application on behalf of my parent?
There
is a provision in the Dependent Adults Act to deal with
an incapacitated adult who needs medical or dental treatment. If
an adult is incapable of giving consent to medical, obstetrical,
surgical or dental treatment because of mental or physical disability,
and in the written opinion of two doctors, or in the case of dental
treatment, two dentists, is in need of such treatment, then the
treatment may proceed without the person's consent. The treatment
must be in the best interests of the incapacitated person and done
in the manner and to the extent that is reasonably necessary. If
the physician or dentist knows that in the past the adult did not
agree to such a treatment they cannot carry out the procedure.
The
emergency provision will not apply if there is a guardian appointed
for the adult with the power to consent to health care for the adult,
or if the adult has made a personal directive relating to the treatment
which gives clear and relevant instructions and designates an agent
to give consent.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
May 2000
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