'Person Responsible'

• Who is the 'person responsible?
• Rights and responsibilities of a 'person responsible'
• Is there anything a person responsible cannot do?
• Complaints
• Need more information?

Medical and dental practitioners have a legal and professional responsibility to get consent to treatments before treating any patient.

The patient usually gives this consent. If the patient is not capable of consenting to their own treatment, the practitioner should seek consent from the patient's 'person responsible'. This is required by the Guardianship Act 1987.

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Who is the 'person responsible'?

A 'person responsible' is not necessarily the patient's next of kin. A 'person responsible' is either:

• a guardian (including an enduring guardian) who has the function of consenting to medical, dental and health care treatments

or, if there is no guardian:

• the most recent spouse or de facto spouse with whom the person has a close, continuing relationship. 'De facto spouse' includes same sex partners;

or, if there is no spouse or de facto spouse:

• an unpaid carer who is now providing support to the person or provided this support before the person entered residential care

or, if there is no carer:

• a relative or friend who has a close personal relationship with the person

If a person identified as being a 'person responsible' declines in writing to exercise the function of 'person responsible' or a medical practitioner or other qualified person certifies in writing that the person identified as 'person responsible' is not capable of carrying out those functions, then the person next in the hierarchy is the 'person responsible'.

If the treatment is special treatment, the practitioner must seek consent from the Guardianship Tribunal before treating the person.

If there is no 'person responsible' and the treatment is major treatment, the practitioner must seek consent from the Guardianship Tribunal before treating the person.

If the practitioner considers the treatment to be urgent and necessary, they may treat without consent.

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Rights and responsibilities of a 'person responsible'

If you are the 'person responsible' for someone who cannot consent for themselves you have a right and a responsibility to know and understand:

• what the proposed treatment is
• what the risks and alternatives are
• that you can say 'yes' or 'no' to the proposed treatment
• that you can seek a second a opinion

The practitioner has a responsibility to give you this information and seek your consent to the treatment before treating the person.

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Is there anything a 'person responsible' cannot do?

When someone is incapable of consenting to their own treatment, a person responsible cannot:

• consent to special medical treatment, such as sterilisation operations, terminations of pregnancy and experimental treatments
• consent to a treatment if the patient objects to the treatment

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Complaints

Complaints about practitioners can be referred to the Health Care Complaints Commission on (02) 9219 7444 or 1800 043 159 (tollfree).

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The Guardianship Tribunal

Address: 2a Rowntree Street, Balmain, NSW, 2041
Postal Address: Locked Mailbag 9, Balmain NSW 2041
Phone: (02) 9555 8500
Fax: (02) 9555 9049
Tollfree: 1800 463 928
Email: gt@gt.nsw.gov.au
Website: www.gt.nsw.gov.au

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