Consent and capacity is given to persons who are competent. These competent persons can either be children or adults as long as they are of sound mind and they fully understand the consequences of their decisions.
Consent and capacity is given to persons who are competent. These competent persons can either be children or adults as long as they are of sound mind and they fully understand the consequences of their decisions.
A court is used in providing the final decision on the situation and the type of the patient. There have been several debates on determination of a competent person who can consent and have the capacity to determine their treatment. Therefore, this essay seeks to determine if a patient is competent and has the capacity and right to consent their treatment in consideration to their different conditions.
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According to sec (8) of the 1969 reforms Act on family law, minors of age 16 years are given an ability to give a valid consent concerning their medical treatment. However this provision does not allow them to refuse medical treatment and to that extent parent are allowed to consent on the behalf of the minor if he/she refuses the treatment. This paper analyses the extent to which the refusal of the minor can be allowed and when the consent of the parent and the court does overrides the refusal of the minor.
Gillick Competent child
A child has three development stages. Early childhood stage is the first stage where the parents have to consent on behalf of their children since at this stage the child cannot consent to the major medical treatment
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