Mental Health Act · s 65

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65.
Giving of consent for surgery etc.
(1) Where a mentally disordered person is required to undergo life-sustaining medical and surgical procedures, psychosurgery or electroconvulsive therapy, consent for any of them may be given if —
(a) he is capable of giving consent as assessed by a psychiatrist, by the patient himself;
(b) the patient is incapable of giving consent —
(i) in the case of a minor, by his guardian; or
(ii) in the case of an adult, by a relative;
(c) his guardian or relative is not available or not traceable and the patient himself is incapable of giving consent, by two psychiatrists, one of whom shall be the attending psychiatrist.
(2) In the case of an emergency, consent for major medical and surgical procedures or electroconvulsive therapy may be given —
(a) by the guardian or a relative of the patient; or
(b) if his guardian or relative is not immediately available or not traceable, by two medical practitioners, one of whom shall be a psychiatrist.
(3) In determining whether or not a mentally disordered person is capable of giving consent under subsection (1)(a), the examining psychiatrist shall consider whether or not the patient understands —
(a) the condition for which the treatment is proposed;
(b) the nature and purpose of the treatment;
(c) the risks involved in undergoing the treatment;
(d) the risks involved in not undergoing the treatment; and

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(e) whether or not his ability to consent is affected by his condition.
(4) Notwithstanding subsections (1) and (2), the requirement for consent does not apply where the patient is facing a life threating situation that necessitates intervention.

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s 65Giving of consent for surgery etc.

(1)

Where a mentally disordered person is required to undergo life-sustaining medical and surgical procedures, psychosurgery or electroconvulsive therapy, consent for any of them may be given if —

(a)

he is capable of giving consent as assessed by a psychiatrist, by the patient himself;

(b)

the patient is incapable of giving consent —

(i)

in the case of a minor, by his guardian; or

(ii)

in the case of an adult, by a relative;

(c)

his guardian or relative is not available or not traceable and the patient himself is incapable of giving consent, by two psychiatrists, one of whom shall be the attending psychiatrist.

(2)

In the case of an emergency, consent for major medical and surgical procedures or electroconvulsive therapy may be given —

(a)

by the guardian or a relative of the patient; or

(b)

if his guardian or relative is not immediately available or not traceable, by two medical practitioners, one of whom shall be a psychiatrist.

(3)

In determining whether or not a mentally disordered person is capable of giving consent under subsection (1)(a), the examining psychiatrist shall consider whether or not the patient understands —

(a)

the condition for which the treatment is proposed;

(b)

the nature and purpose of the treatment;

(c)

the risks involved in undergoing the treatment;

(d)

the risks involved in not undergoing the treatment; and

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(e)

whether or not his ability to consent is affected by his condition.

(4)

Notwithstanding subsections (1) and (2), the requirement for consent does not apply where the patient is facing a life threating situation that necessitates intervention.