Understanding Consent and Capacity

In Ontario, healthcare teams have to have informed consent or refusal before they can give any treatment or care to their patients.

They do this by explaining what the risks or side effects would be, what the benefits of treatment are, as well as what other treatments could be used and what would happen if the treatment is refused.

Every patient has a right to refuse or agree to any treatment or medical procedure. That means consent can’t be given in advance and has to be given by a person, not by a form.

The only time someone can be treated without consent is in an emergency situation like someone’s life is at risk.

As long as someone is mentally capable of understanding the information, they’re able to make their own decisions about their care and give consent.

Having mental capacity means that a person is able to make their own decisions because they understand what’s happening. Mental capacity can change and isn’t its own diagnosis. For every new decision mental capacity has to be reviewed, but it’s expected that everyone has mental capacity unless there is a reason to believe they don’t.

With every new treatment, the healthcare provider will review if there are any changes in the mental capacity to make sure it’s safe for that person to provide consent.
If someone becomes mentally incapable and can’t safely give consent, the healthcare professional will count on their substitute decision maker to step in and help make decisions.

Advance care planning is all about choosing a substitute decision maker and making sure they know what your wishes are so that you can have someone you trust speaking for you if you can’t.

To learn more, visit our CareChannel website.