ABSTRACT
As with adults, medical treatment needs to be justified. With competent adults the primary justification is the patient’s consent. The child, however, may not have achieved competency and the patient’s consent may therefore not be sufficient to justify treatment. In order to protect the patient, other safeguards have been established. Thus, for the incompetent child, the person with parental responsibility is permitted to give consent on behalf of the child. Because the child’s interests are entrusted to the adult with parental responsibility, it is important to ensure that power is exercised responsibly. Thus, the decision-maker is not free to make whatever decision he or she pleases, but is restricted by the legal rules outlined below.
