Who is the temporary substitute decision maker for health care in BC?
This answer covers the law of British Columbia.
A temporary substitute decision maker is the person a health care provider picks to consent to care for an adult who cannot, when no guardian or representative has authority. The provider must choose the first qualified person in this order: spouse; child; parent; sibling; grandparent; grandchild; anyone else related by birth or adoption; a close friend; then a person related by marriage.
The person must be at least 19, have been in contact with the adult during the preceding 12 months, have no dispute with the adult, be capable of giving, refusing or revoking substitute consent, and be willing to follow the duties in section 19. A married person living separate and apart from the adult is not a spouse for this purpose, but a person living with the adult in a marriage-like relationship is.
If no listed person is available or qualified, or there is a dispute about who should be chosen, the provider must choose a person authorized by the Public Guardian and Trustee. Whoever is chosen must consult the adult as far as possible and follow wishes the adult expressed while capable.
Key takeaways
- The health care provider must choose the first qualified person in a set order, starting with the spouse, then child, parent and sibling.
- A person generally must be at least 19 and have been in contact with the adult during the preceding 12 months to be chosen.
- A married person living separate and apart from the adult does not count as a spouse when a temporary substitute decision maker is chosen.
- If the adult has a personal guardian or a representative with authority, the provider gets consent from that person instead.