What happens when an individual is incapable of providing consent?
PHIPA generally presumes that individuals are capable of making their own decisions regarding the collection, use or disclosure of their personal health information if they are able to understand and appreciate the consequences of providing, withholding or withdrawing their consent. If a health information custodian believes that an individual is incapable of providing consent, PHIPA permits a substitute decision make (such as a relative, spouse, childs parent, or the Public Guardian and Trustee) to make a decision on an individual behalf. For example, a substitute decision maker is authorized to provide personal health information on behalf of a child under the age of 16 who is unable to provide an answer to a medical question.
