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Capacity and consent to treatment                


The Guardianship Act (Part 5, Section 33(2)) defines that a person is incapable of giving consent to the carrying out of medical or dental treatment if the person:
(a) is incapable of understanding the general nature and effect of the proposed treatment, or
(b) is incapable of indicating whether or not he or she consents or does not consent to the treatment being carried out.

When a person lacks capacity to consent, the treating practitioner must seek consent from the person responsible.

More information about medical and dental treatment and person responsible.

'Substitute Consent; what the law says'

This booklet is a useful resource that provides information about the legal requirements to seek consent from patients prior to giving treatment.