Who can consent to medical and dental treatment if the person concerned loses mental capacity?
If a person has not appointed a Medical Agent, nor made an Anticipatory Direction (under the Consent to Medical Treatment and Palliative Care Act – CMTPCA), and mental capacity is lost, (this can include the onset of mental illness) then the provisions of the GAA apply. Under Section 59 of this Act, consent to medical or dental treatment for a person with a mental incapacity must be sought from: • an Enduring Guardian, where available • a Guardian, if appointed by the Guardianship Board under a Guardianship Order. (The written order will specify the areas in which the guardian is empowered to make decisions). – where there is no guardian or enduring guardian, then the following specified relatives can give consent: • a spouse, including legal defacto spouse; • a parent; • a sister or brother of or over 18 years; • a daughter or son of or over 18 years; • a person (not being a guardian) who acts in loco parentis. This means a person who provides the day to day care and supervision of th
