If a patient objects to the wishes of any guardian, family member or primary carer being taken into account, does this mean these people should get no information about the treatment plan?
A. No. The decision about disclosing information to family members and carers is separate and is governed by section 120A of the Mental Health Act. Generally clinicians will seek the consent of the patient to disclose information to family and carers and this subject should be broached as soon as practicable in the treating relationship. However, if the patient does not give consent, section 120A(3)(ca) permits the giving of information to a guardian, family member or primary carer if the information is reasonably required for the ongoing care of the patient and the person receiving the information will be involved in providing that care. The decision to disclose information without the patient’s consent is a clinical judgement that should take into account all the circumstances of the case and should have regard to the best interests of the patient.
Related Questions
- If a patient objects to the wishes of any guardian, family member or primary carer being taken into account, does this mean these people should get no information about the treatment plan?
- Should the wishes of the family take precedence over the patients right to relieve his own suffering?
- What happens if a patient who is unable to consent themselves doesn’t have any family or guardian?
