What if the patient could not give informed consent?

For informed consent to be valid, it is required that the patient has understood the information given by the doctor and that the patient is capable of making sound decisions based on the given information.

There are times, however, as in the case of serious illness, when a patient may be in a physical or mental state that renders him or her incapable of giving informed consent.

In case of emergency and in the absence of a health care agent or attorney-in-fact for health care decisions, your doctor may proceed with the treatment without first obtaining your informed consent.

You can name someone to act as your attorney-in-fact or designate a health care agent in advance before anything happens to you.

Your attorney-in-fact or health care agent will make the decisions for you should you be unable to make them for yourself.

These documents are called health care directives (also known as living wills).

The document that embodies the designation is called called a durable power of attorney for health care.

An estate planning lawyer in your area can help you prepare these documents.

Alternatively, you can prepare them yourself.

There are books, form kits, or software in many bookstores online that will teach you how to go about it.