ABSTRACT

On the other hand, Skegg believes that Kirby J’s definition focuses on cases where consent is given by a patient who does not already possess adequate information about risks and alternatives, whereas there may well be someone other than the patient whose consent is crucial and who should be provided with information about risks and alternatives. Unfortunately, he does not specify who these persons might be, and one can only speculate that they might be parents of minors, or relatives, spouses or partners of patients suffering from some form of mental illness which might render them incapable of making a competent decision.