Competence to consent A patient must be legally competent to grant valid consent. Any adult over the age of 16 is assumed to be competent unless a lack of capacity can be established (e.g. due to a mental disorder). A child under the age of 16 can grant valid consent if able to demonstrate suffi cient maturity and intelligence to comprehend the nature and purpose of what is being proposed. But in all circumstances, capacity for consent requires that the patient is able to:


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• • • • •


comprehend what the treatment is and its purpose when explained in simple non-technical language


understand the principal benefi ts, risks and alternatives understand in broad terms the consequences of not receiving the treatment retain the information long enough to make an effective decision believe the information exercise free choice.


Healthcare professionals should ensure consent is obtained before pre-medication and look out for abnormally anxious patients unable to retain information. The patient should be asked specifi cally at the end of the consent process whether they have understood what has been said.


Voluntary consent


Only the patient can ultimately determine whether a proposed intervention is in his or her own best interest. A doctor or dentist can only recommend a certain course of action in a non-pressured manner and provide a balanced view of available options. Time must be put aside to deal with the consent process in a sympathetic and unhurried manner to place the patient at ease.


Any potential confl icts of interest (e.g. costs of treatment) should be declared. Every effort should be made to remind patients of their rights to decline treatment, especially in situations in which they might feel coerced (e.g. by family members, employers, police or immigration).


Remember that a competent patient also has the right to withdraw consent at any time.


6 | Consent


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