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Government of British Columbia Country Resources Capacity related legislation British Columbia 4 November 2019 Legislation/regulation consent, legal capacity

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Health and capacity consent laws

Part 1 — Introductory Provisions
1 Definitions
2 Application of this Act
3 Presumption of capability
Part 2 — Consent to Health Care
4 Consent rights
5 General rule — consent needed
6 Elements of consent
7 How incapability is determined
8 Duty to communicate in appropriate manner
9 How consent is given and scope of consent
10 Same rules apply to substitute consent
11 Exception — if personal guardian or representative consents
12 Exception — urgent or emergency health care
12.1 No emergency health care contrary to wishes
12.2 Emergency health care despite refusal
13 Exception — informed consent not required for preliminary examination
14 Exception — major health care
15 Exception — minor health care
16 Temporary substitute decision makers
17 Authority of a temporary substitute decision maker
18 Restrictions on authority of a temporary substitute decision maker
19 Duties of a temporary substitute decision maker
Part 2.1 — Advance Directives
19.1 Adult may make advance directive unless incapable
19.2 Scope of advance directive
19.3 If both advance directive and representation agreement
19.4 Form of advance directive
19.5 Execution of advance directive
19.6 Changing or revoking an advance directive
19.7 Providing health care if adult has advance directive
19.8 When advance directive does not apply
19.9 Withdrawal of health care
19.91 Advance directive must not be mandatory
Part 3 — Admission to a Care Facility
20 Admission to care facility
21 Consent to admission
22 Substitute consent
23 Rights and duties of person authorized to give substitute consent
24 Emergency admissions
25 Continued residence in a care facility
26 Determining incapability
26.1 Use of restraints
Part 4
27-32 Repealed
Part 5 — General Provisions
33 Protection from liability
33.1 Collection of personal information
33.2-33.3 Repealed
33.4 Court directions and orders
34 Power to make regulations
35 Offence
35.1 Transitional — advance directives
36 Commencement

Last amendment: 4 November 2019
Uploaded: 15 August 2020


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