Health care consent and advance care planning in Ontario [electronic resource] : legal capacity, decision-making and guardianship / commissioned by the Law Commission of Ontario ; prepared by Judith Wahl, Mary Jane Dykeman, Brendan Gray.

"This Paper focuses on the interrelationship between health care consent and advance care planning under Ontario law, and on related misconceptions of health practitioners and health care organizations. At common law and under Ontario legislation, informed consent is required before a health practitioner can provide treatment to a patient. Importantly, where a patient is incapable, the requirement to obtain informed consent is not abrogated, but instead the informed consent is obtained from communications with substitute decision-makers (SDMs). There has been an increasing emphasis in Ontario, and other common law jurisdictions, on encouraging patients to pre-plan for future treatments that may become necessary if and when the patient becomes incapable. This often means that health practitioners will solicit patients' wishes, values and beliefs relevant to future care decisions, and then record such wishes, values and beliefs in the patient's health record. Unfortunately, at the time of these future care discussions, health practitioners and patients do not always turn their minds to how these wishes, values and beliefs will affect future health care decisionmaking. Similarly, health practitioners do not always provide patients with sufficient information in order to express informed and robust wishes about future care."--Introduction.

Includes bibliographical references.

"This Paper focuses on the interrelationship between health care consent and advance care planning under Ontario law, and on related misconceptions of health practitioners and health care organizations. At common law and under Ontario legislation, informed consent is required before a health practitioner can provide treatment to a patient. Importantly, where a patient is incapable, the requirement to obtain informed consent is not abrogated, but instead the informed consent is obtained from communications with substitute decision-makers (SDMs). There has been an increasing emphasis in Ontario, and other common law jurisdictions, on encouraging patients to pre-plan for future treatments that may become necessary if and when the patient becomes incapable. This often means that health practitioners will solicit patients' wishes, values and beliefs relevant to future care decisions, and then record such wishes, values and beliefs in the patient's health record. Unfortunately, at the time of these future care discussions, health practitioners and patients do not always turn their minds to how these wishes, values and beliefs will affect future health care decisionmaking. Similarly, health practitioners do not always provide patients with sufficient information in order to express informed and robust wishes about future care."--Introduction.

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