You can act as a Substitute Decision Maker for a person who does not have capacity if you have capacity and you are the highest ranked person in this list:
• a substitute decision-maker within the meaning of the Health Care Consent Act, if
the collection, use or disclosure of information is connected to the decision of a
substitute decision-maker about the patient’s treatment;
• the guardian of the person;
• the attorney for personal care;
• the representative appointed by the Consent and Capacity Board;
• the spouse or partner;
• a child, a parent, a children’s aid society or other person who is allowed by law to
give or refuse consent in the place of the parent;
• a parent who has a right of access to the child;
• a sibling;
• a relative; or
• the Public Guardian and Trustee, if no other person meets the requirements.
Who can consent if the patient is under 16 years of age?
1.The child, so long as the child has capacity to consent,
2. A parent of the child (including a child with capacity), a member of the children’s aid society, or another person who is legally able to consent in the place of the parent except for certain situations noted below.
A child under the age of 16 who consented to their own treatment, must decide whether to consent to the collection, use or disclosure of their personal health information related to that treatment. If a child under the age of 16 has capacity to consent and disagrees with the decision of their parent (or the person legally able to consent in place of the parent), the child’s decision overrides the decision of their parent (or the person legally able to consent in place of the parent).
For clarity, there are two situations in which the parent (or other legally authorized person) cannot give consent:
1. If the personal health information relates to a treatment that a child consented to (or refused to consent);
I2. f the child is capable of consenting and makes a decision about their personal health information that conflicts with the parent, or other legally authorized person’s decision.