Can children consent to medical care – if they are “capable”?
Yes, the BC Infants Act (available at www.bclaws.ca) says that children (anyone under 19 years old) can consent (or agree) to their own medical care – if they are capable. When are children capable? The law considers them capable if they understand the need for a medical treatment, what the treatment involves, and the benefits and risks if they get – or don’t get – the treatment. If the doctor or health care provider explains these things and decides that the child understands them and the health care is in the child’s best interest, they can treat the child without permission from the parents or guardians. The child might have to sign a consent form. For the law on adults and consent to medical care, refer to script 428, called “Adults and Consent to Medical Care”. There is no set age when a child becomes capable. Doctors have to use their best judgment in each case to decide if a child is capable. Courts are flexible in deciding if a child is capable. It depends on how mature the chi
