1/3/2024 0 Comments Bar access of parent to child![]() ![]() ![]() The substitute decision-maker for a young person under 16 will likely be one or both parents. The wishes of the young person should also be taken into consideration. If the person is under the age of 16, the substitute decision-maker must consent to or refuse the treatment based on the young person’s best interests. If anyone is found to be incapable of making a treatment decision, then a substitute decision-maker is asked to decide on that person’s behalf. Professor Robert Solomon, Distinguished University Professor, Faculty of Law, Western University, speaks about the age of consent and a young person’s capacity of consent for treatment in a video available at When a young person is judged not capable of suitably informed consent or refusal ![]() For example, the Education Act requires parental consent for IQ and personality testing if a student is under 18 years of age. It should be noted that there are a few legal statutes that do require a young person to be a specified age, and also capable to make certain decisions. A young person may be capable of making certain decisions but not others. An individual’s capacity may also vary over time. The issue of capacity requires the practitioner to consider the child’s age, maturity and general level of understanding. It is up to the person proposing the treatment to decide if the young person or child is capable of consenting or refusing consent. As a child gets older, however, the issue becomes more complicated.
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