Consent

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):

1. a valid advance health directive
2. a guardian appointed by the Queensland Civil and Administrative Tribunal
3. a health attorney under an advance health directive or enduring power of attorney
4. a statutory health attorney(s)
5. 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.

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Need assistance with advance care planning?

Statewide Office of Advance Care Planning

The Statewide Office of Advance Care Planning is funded by the Queensland Department of Health and can provide assistance with advance care planning information and resources for patients, carers, family members and health professionals.

Contact

Statewide Office of Advance Care Planning
PO Box 2274
Runcorn, Qld 4113
Phone: 1300 007 227
Fax: 1300 008 227
Email: acp@health.qld.gov.au

Changes to guardianship system

Important changes to our guardianship system started 30 November 2020. They include updated guardianship laws and new enduring power of attorney and advance health directive forms.

They will help reduce risks of financial abuse and exploitation for people with impaired capacity by strengthening safeguards in the legislation.