This is an area that can be more challenging to understand. While the person receiving treatments ideally will provide consent, this is not always appropriate. A person who has a mental illness, dementia, or another disability may not be appropriate based on the above criteria.
When this is noted, the medical professional will not provide the treatment until they do receive consent from the appropriate person or party. This does not mean that every person who has a cognitive deficit cannot provide consent. Some procedures may be understood.
It is the job of the person providing treatments to gauge whether the person receiving them can provide consent. For some individuals, this ability may be documented already. For example, some individuals with medical illnesses have been deemed to not have the legal capacity and this will be documented.
When the medical professional is not completely sure whether the person can provide treatment, additional steps should be taken. The dentist could seek assistance from the patient’s authorized substitute decision-maker for assistance with providing consent. If the patient does not have this in place, then a court may need to provide that information.
Every area of the country has legal guidelines in place to allow for consent to be obtained from a legal body when a person cannot provide this for themselves.
When it comes to seeking consent for minors, they can be explained the treatment but cannot provide consent. This must be provided by a legal guardian or a legally authorized substitute.