Healthcare and decision-making in dementia Consent to medical
treatment Chapter 4 of the Patients’ Rights Act of 1999
addresses the issue of consent to health care. Section 4-3
contains a few relevant provisions: - To have the right to
consent to health care, a person must be at least 18 years of
age and have legal capacity. - Competence to give consent may
cease to apply wholly or partly if the patient, on account of a
physical or mental disorder, dementia or mental retardation, is
clearly incapable of understanding what the consent entails. The
health care provider shall decide whether the patient lacks
competence to give consent. Based on the patient’s age, mental
state, maturity and experience, health personnel shall do their
best to enable the patient himself or herself to consent to
health care. - A decision concerning lack of competence to give
consent shall state the reasons for the decision and shall be
given in writing, and if possible shall immediately be presented
to the patient and his or her nex