A person gives informed consent when he/she provides health care authorization for a person not competent to do so themselves. HCS/APS staff are not able to make these decisions for their clients. You should first work with the health care provider and explain the situation and give an honest assessment of the ability of the adult to make this decision. If the hospital refuses to treat a client due to concerns with his/her ability to consent to treatment, state law lists those persons authorized to make the decision for them. They are:
- Legal guardians;
- Someone holding a durable power of attorney for health care;
- A spouse;
- Children of the adult at least 18 years old;
- Parents;
- Adult brothers or sisters.
You should contact these people in the order above since the decisions of those listed first take priority over the others. If it is an emergency and the hospital or facility won’t act, APS/social work staff and the Attorney General’s Office can petition the court for appointment of a guardian ad Litem to make the decisions.