Consent
Consent for adults
An adult (person over 18) can give their consent to accept or refuse medical treatment if they:
- understand the doctor's information about the treatment
- can make reasonable choices based on this information.
This is known as capacity. If a person lacks this capacity, someone else must make these decisions on their behalf.
If you have impaired capacity, except in some emergency situations, consent must be obtained through the following (in order):
- a valid advance health directive
- a guardian appointed by the Queensland Civil and Administrative Tribunal
- a health attorney under an advance health directive or enduring power of attorney
- a statutory health attorney(s)
- the Public Guardian.
Read more about consent.
Read more about potential treatment choices, including life-sustaining measures.
Consent for children and young people under 18
In most cases, a parent or guardian can agree to treatments on behalf of a child or young person under 18. However, there are some decisions about special medical procedures that can’t be decided by a parent or guardian and must be decided by the Court. In this situation, you should get legal advice.
There are special conditions allowing a child or young person under 18 to make decisions about their own medical treatment if they’re capable of understanding its significance. Read more about consenting to medical treatment as a child or young person.
Disclaimer
The information provided on these pages is general in nature and is not intended as legal advice. Consent issues will often be complex—you need to consider individual circumstances, and sometimes the level of detail and extra information required will mean you need to seek more advice. If you are in any doubt contact the Office of the Public Guardian, or seek legal advice.