As a guardianship lawyer in Western Australia, I frequently deal with cases involving urgent treatment decisions for patients who are unable to make reasonable judgments about their healthcare.
One such situation that requires particular attention is urgent treatment after an attempted suicide.
In this blog post, I discuss the provisions in the Guardianship and Administration Act 1990 (the GA Act) that apply to these circumstances, specifically sections 110ZIA and 110ZD.
Urgent Treatment After Attempted Suicide: Section 110ZIA
Section 110ZIA of the GA Act specifically addresses the situation where a patient requires urgent treatment following an attempted suicide. Under subsection (1), this section applies if:
(a) a patient needs urgent treatment;
(b) the patient is unable to make reasonable judgments in respect of the treatment; and
(c) the health professional who proposes to provide the treatment reasonably suspects that the patient has attempted to commit suicide and needs the treatment as a consequence.
If these conditions are met, subsection (2) allows the health professional to provide the necessary treatment to the patient, despite any:
advance health directive or
treatment decision (even if such directive or decision is inconsistent with providing the treatment) made by the patient's:
guardian,
enduring guardian, or
person responsible for the patient under section 110ZD (who such a person is, is explained below).
Circumstances in Which a Person Responsible May Make Treatment Decisions: Section 110ZD
Section 110ZD of the GA Act outlines the circumstances in which a person responsible for a patient may make treatment decisions on their behalf if the patient is unable to make reasonable judgments concerning the proposed treatment.
Subsection (2) sets forth the order of priority for determining the person responsible for the patient, with the first person in the order being the patient's spouse or de facto partner (who has reached 18 years of age and is living with the patient), followed by the patient's nearest relative who maintains a close personal relationship with the patient, the primary provider of care and support to the patient (who is not remunerated for providing such care and support), and any other person who maintains a close personal relationship with the patient.
When making a treatment decision for the patient, the person responsible must act according to their opinion of the best interests of the patient (subsection (8)). A treatment decision made by the person responsible for the patient has the same effect as if the patient had made the decision and were of full legal capacity (subsection (9)).
Key Take-Aways
In urgent treatment situations following an attempted suicide, the provisions under sections 110ZIA and 110ZD of the GA Act are crucial to ensuring that the patient receives the necessary care while respecting the patient's autonomy to the extent possible.
Health professionals and those responsible for the patient should be aware of these provisions and their implications in order to make informed decisions about the patient's treatment and care.