CONSENT TO HEALTH CARE
B.C.’s Adult Guardianship Laws:
Supporting Self-Determination for Adults in British Columbia
What Adults, Families and Health Care
Providers Need to Know About the Law
This brochure explains key provisions of Part
2 of the Health Care (Consent) and Care
Facility (Admission) Act - Consent to
Health Care.
If you are an adult needing health care, a
family member or a health care provider,
B.C.’s Health Care (Consent) and Care
Facility (Admission) Act will affect you.
It confirms the right of adults (persons 19
years of age or older) to make their own
health care decisions, either independently
or with support from family and friends. The
law formally recognizes the role of family
and friends who support adults needing
assistance with health care decision-making.
But
in
the event
that an adult
is
unconscious, mentally
incapable,
or
otherwise unable to give consent, the law
sets out procedures to follow.
When is an adult’s consent NOT
required?
The main exceptions to the general rule are:
• when urgent or emergency health care is
required and the adult is incapable of
making a consent decision
• when involuntary psychiatric treatment
is needed
•
for preliminary examinations such as
triage or assessment, and
• when
communicable
diseases
are
involved
What if an adult is unable to give or
refuse consent?
Given some time, and
the necessary
information and support, most adults can
make their own decisions. An adult must be
approached first for a decision. If the health
care provider believes an adult is capable,
then they have the right to give, refuse or
revoke consent.
In deciding whether an adult is incapable of
making a health care decision, the health care
provider must determine whether the adult
demonstrates an understanding of
the
information that the health care provider has
given about the health care, and that this
information applies to the situation of the
adult. If a person is incapabl