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.
May 2000
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