Surrogate consent: Difference between revisions

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}}</ref> Consent for a non-therapeutic operation offends the principle of autonomy, when granted by a surrogate.

A surrogate's powers to grant consent are more circumscribed than the powers granted to a competent individual acting on his own behalf.<ref name="svoboda2000" /> A surrogate's power to grant consent for treatment is dependent upon the existence of a medical condition in need of treatment. In the absence of such a condition, the surrogate lacks the power to consent.

A surrogate's powers to grant consent are more circumscribed than the powers granted to a competent individual acting on his own behalf.<ref name="svoboda2000" /> A surrogate's power to grant consent for treatment is dependent upon the existence of a medical condition in need of diagnosis and/or treatment. In the absence of such a condition, the surrogate lacks the power to consent.

A surrogate must:

* Act in the best interests of the patient.

* Protect the rights of the patient under Constitutional law, common law, and international human rights law.

* Protect the rights of the patient under Constitutional law, statute law, common law, and international human rights law.

* Receive [[informed consent]] prior to granting consent.

@@ Line 403: / Line 403: @@
 }}</ref> Consent for a non-therapeutic operation offends the principle of autonomy, when granted by a surrogate.
-A surrogate's powers to grant consent are more circumscribed than the powers granted to a competent individual acting on his own behalf.<ref name="svoboda2000" /> A surrogate's power to grant consent for treatment is dependent upon the existence of a medical condition in need of treatment. In the absence of such a condition, the surrogate lacks the power to consent.
+A surrogate's powers to grant consent are more circumscribed than the powers granted to a competent individual acting on his own behalf.<ref name="svoboda2000" /> A surrogate's power to grant consent for treatment is dependent upon the existence of a medical condition in need of diagnosis and/or treatment. In the absence of such a condition, the surrogate lacks the power to consent.
 A surrogate must:
 * Act in the best interests of the patient.
-* Protect the rights of the patient under Constitutional law, common law, and international human rights law.
+* Protect the rights of the patient under Constitutional law, statute law, common law, and international human rights law.
 * Receive [[informed consent]] prior to granting consent.