Informed consent for people with diminished capacity to consent

Abstract

This paper discusses the rights and responsibilities of patients and providers in New Zealand when a patient has diminished capacity to understand and provide consent for dental care. The Code of Health and Disability Services Consumers' Rights 1996, the Protection of Personal and Property Rights Act 1988, and the New Zealand Bill of Rights Act 1990 all affect decisions that relate to the provision of dental care for patients with diminished capacity to consent. A person's capacity to understand medical or dental procedures will vary with differing procedures and may vary at different points in time. Capacity to consent must be assessed by the dentist responsible for the proposed dental care in the first instance. Welfare guardians and power of attorney may exist for some patients with diminished capacity to consent, but the documentation of appointment to those roles should be read by the dentist to verify the extent of the appointment. When a patient is not competent to make an informed choice and give informed consent, treatment providers may provide care under Right 7.4 of the Code of Health and Disability Services Consumers' Rights 1996 if the appropriate provisions within the Code are satisfied.