20 (1) If a person is incapable with respect to a treatment, consent may be given or refused on his or her behalf by a person described in one of the following paragraphs: 1. The incapable person’s guardian of the person, if the guardian has authority to give or refuse consent to the treatment. 2. The incapable person’s attorney for personal care, if the power of attorney confers authority to give or refuse consent to the treatment. 3. The incapable person’s representative appointed by the Board under section 33, if the representative has authority to give or refuse consent to the treatment. 4. The incapable person’s spouse or partner. 5. A child or parent of the incapable person, or a children’s aid society or other person who is lawfully entitled to give or refuse consent to the treatment in the place of the parent. This paragraph does not include a parent who has only a right of access. If a children’s aid society or other person is lawfully entitled to give or refuse consent to the treatment in the place of the parent, this paragraph does not include the parent. 6. A parent of the incapable person who has only a right of access. 7. A brother or sister of the incapable person. 8. Any other relative of the incapable person.  1996, c. 2, Sched. A, s. 20 (1); 2016, c. 23, s. 51 (1); 2021, c. 4, Sched. 11, s. 14 (1, 2). Requirements (2) A person described in subsection (1) may give or refuse consent only if he or she, (a) is capable with respect to the treatment; (b) is at least 16 years old, unless he or she is the incapable person’s parent; (c) is not prohibited by court order or separation agreement from having access to the incapable person or giving or refusing consent on his or her behalf; (d) is available; and (e) is willing to assume the responsibility of giving or refusing consent.  1996, c. 2, Sched. A, s. 20 (2); 2021, c. 4, Sched. 11, s. 14 (3). Ranking (3) A person described in a paragraph of subsection (1) may give or refuse consent only if no person described in an earlier paragraph meets the requirements of subsection (2).  1996, c. 2, Sched. A, s. 20 (3). Same (4) Despite subsection (3), a person described in a paragraph of subsection (1) who is present or has otherwise been contacted may give or refuse consent if he or she believes that no other person described in an earlier paragraph or the same paragraph exists, or that although such a person exists, the person is not a person described in paragraph 1, 2 or 3 and would not object to him or her making the decision.  1996, c. 2, Sched. A, s. 20 (4). No person in subs. (1) to make decision (5) If no person described in subsection (1) meets the requirements of subsection (2), the Public Guardian and Trustee shall make the decision to give or refuse consent.  1996, c. 2, Sched. A, s. 20 (5). Conflict between persons in same paragraph (6) If two or more persons who are described in the same paragraph of subsection (1) and who meet the requirements of subsection (2) disagree about whether to give or refuse consent, and if their claims rank ahead of all others, the Public Guardian and Trustee shall make the decision in their stead.  1996, c. 2, Sched. A, s. 20 (6). Meaning of “spouse” (7) Subject to subsection (8), two persons are spouses for the purpose of this section if, (a) they are married to each other; or (b) they are living in a conjugal relationship outside marriage and, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act.  1996, c. 2, Sched. A, s. 20 (7); 2004, c. 3, Sched. A, s. 84 (1-3). Not spouse (8) Two persons are not spouses for the purpose of this section if they are living separate and apart as a result of a breakdown of their relationship.  2004, c. 3, Sched. A, s. 84 (4). Meaning of “partner” (9) For the purpose of this section, “partner” means, (a)  Repealed: 2004, c. 3, Sched. A, s. 84 (5). (b) either of two persons who have lived together for at least one year and have a close personal relationship that is of primary importance in both persons’ lives.  2002, c. 18, Sched. A, s. 10; 2004, c. 3; Sched. A, s. 84 (5, 6). Meaning of “relative” (10) For the purposes of this section, a relative includes a person related to another person by marriage or adoption. 2016, c. 23, s. 51 (2). Meaning of “available” (11) For the purpose of clause (2) (d), a person is available if it is possible, within a time that is reasonable in the circumstances, to communicate with the person and obtain a consent or refusal.  1996, c. 2, Sched. A, s. 20 (11). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 10 - 26/11/2002 2004, c. 3, Sched. A, s. 84 (1-6) - 01/11/2004 2016, c. 23, s. 51 (1, 2) - 01/01/2017 2021, c. 4, Sched. 11, s. 14 (1-3) - 19/04/2021