Consent for medical and dental treatment
Adults have the right to both consent to, and to refuse consent for, medical treatment. If an adult with a disability lacks capacity to make decisions about treatment, with or without support, substitute consent may need to be sought.
A person is considered to have the capacity to consent to (or refuse) medical treatment if they understand and are able to weigh up information regarding:
- the nature and purpose of the proposed treatment
- the side effects and risks associated with the proposed and alternative treatments
- the consequences of not undertaking or of delaying the treatment
Consent is only valid if it is given freely, without undue influence. The person must be able to communicate the decision to consent or refuse consent.
The attached flow chart and fact sheet can help determine whether a guardian is required for medical treatment decisions.
Our Consent for medical and dental procedures fact sheet (PDF, 638.8 KB) outlines the legal requirements for substitute consent to medical and dental treatment for adults with cognitive impairment.
The Guardianship and Administration Act 1995 and its regulations require substitute consent to be given in writing.
Where the circumstances require it (for example due to urgency) oral consent can be sought but this must be followed up in writing as soon as possible.
How to seek consent to medical or dental treatment from an OPG guardian
Please complete the relevant form below and send it to the guardian directly if you have their contact details or contact the OPG on the details below.
For medical and dental treatment (PDF, 58.2 KB)
Consent for medical and dental treatment form (online)
Consent for medical and dental treatment form
For medical and dental treatment requiring general anaesthetic (PDF, 46.7 KB)
The OPG email inbox is monitored frequently and is preferred where possible.
- email: Public.Guardian@publicguardian.tas.gov.au
- telephone: 1800 955 772 (state-wide, Monday to Friday, 9:00am - 5:00pm)
- after hours: (03) 6165 3444 (state-wide, weekdays 5:00pm - 11:00pm, weekends and public holidays 8:00am - 11:00pm)
- fax: (03) 6173 0268
If the delegated guardian is unavailable, any other guardian at the OPG can make a decision in their absence.
For information about our after-hours service and procedures for seeking an emergency guardianship order after-hours, please click here: emergency guardianship.