What happens if a patient who is unable to consent themselves doesn’t have any family or guardian?
If the medical practitioner believes the treatment is in the best interests of the patient, but there is no person responsible or they cannot be found, the practitioner can proceed to treat the patient. The practitioner must first submit a form under Section 42K of the Guardianship and Administration Act 1986 to OPA. The form sets out: • the proposed treatment • why the practitioner proposes to undertake the treatment • the efforts made to locate the person responsible. If the legislative requirements are met the treatment can proceed.
