#1 Consent Series: Do I have the right to refuse health care? Can someone refuse health care on my behalf if I am not capable?

Written by on August 1, 2013
Categories: Health Care Consent, Representation Agreements

Dear Joanne,

Do I have the right to refuse health care?

Yes; you can refuse health care, even if it may result in your death. The Health Care Consent and Care Facility Admission Act (B.C.) is very clear and strong in this point.

Health Care Consent and Care Facility Admission Act Section 4:

Every adult who is capable of giving or refusing consent to health care has

(a) the right to give consent or to refuse consent on any grounds, including moral or religious grounds, even if the refusal will result in death,
(b) the right to select a particular form of available health care on any grounds, including moral or religious grounds,
(c) the right to revoke consent,
(d) the right to expect that a decision to give, refuse or revoke consent will be respected, and
(e) the right to be involved to the greatest degree possible in all case planning and decision making.

Can someone refuse health care on your behalf?

Yes; you can give someone the authority to consent to or refuse care on your behalf if you are not capable. The Representation Agreement Act was created for this purpose.

A Representation Agreement is the legal document that allows someone (your representative) to refuse health care on your behalf if a health care provider determines you are incapable.

If the health care in question is necessary to preserve your life, your representative has the final say to refuse the health care on your behalf if you made a Representation Agreement Section 9 (RA9).

You can make an RA9 if you are 19 years or older. You also must be capable of understanding the types of authorities covered by the RA9 (for example, final say to refuse life support) and that by appointing a representative they have the power to act on your behalf for those authorities. It is also important to know that the duty of a representative is that they must make decisions on your behalf according to your wishes and values.

Some BC adults are not capable of making an RA9 – they may have advanced dementia, a developmental disability, a brain injury from an accident or stroke, a serious mental illness or other condition that affects their mental abilities – but the law provides a planning tool for them also. The Representation Agreement Section 7 (RA7) looks at capability differently from the RA9.

The RA7 covers many health care and personal care matters and a representative can assist an adult to give, refuse or revoke consent. However, under the RA7, a representative does not have the authority to refuse care that is necessary to preserve life (they cannot refuse life support). This decision will require the consensus of the medical team and the adult’s family.

For more information, read our fact sheets:

Health Care Consent: Your Rights and the Law

Health Care Consent: How Decisions are Made if you are Incapable

Representation Agreement Section 9 (RA9)

Representation Agreement Section 7 (RA7)

 

 


Members of the Nidus Board and staff were involved in the community-government partnership that created the Health Care Consent and Care Facility Admission Act and the Representation Agreement Act.

 

 

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