Our previous article "
Health Care Decision-Making" described the rules that
apply when a person is not able to make their own decisions. But
what happens if there is a disagreement about a decision that is
being made for that person?
Who Decides?
The answer depends upon who is making the decision. When an
adult is not capable, those health care decisions fall to a
substitute decision maker. In British Columbia, there are three
types:
- a person named by the adult as a 'representative' in
Representation Agreement;
- a person appointed by the Court as the 'committee' of
the adult under the Patients Property Act (similar to a
court appointed guardian); or
- a person selected by the health care provider to be the
'Temporary Substitute Decision Maker'
("TSDM") according to a prioritized list
of relatives under the Health Care (Consent) and Care Facility
(Admission) Act.
