In this current case a range of different elements are present that contribute to the treatment that Marion may or may not receive. The team that is treating Marion need to be very carful to ensure that they follow correct procedure and seek information on Marion’s alleged Advance Care Directive. This directive has enabled Marion to, ‘make clear legal arrangements for your future health care, end of life, preferred living arrangements and other personal matters’ (Appointing Substitute Decision-Makers. 2016). Marion’s parents have stated that she has this directive in place, however the treatment team will have to confirm this by obtaining a copy and not going off her word. If this set in place by Marion it will supply the treatment team with
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6 (1). The legal age in which Jess would need to be to control her own health is 16 according to SA law and the Consent to Medical Treatment and Palliative Care Act 1995. (Consent to Medical Treatment and Palliative Care Act 1995 (SA), s. 3(a) (i). As Jess is unable to in the eyes of the law to go through with her preferred treatment even the Advance Care Directive that she has put in place would default as the legal age in which someone can create an Advance Care Directive is 18 (Advance Care Directive Factsheet 2014). While her cousin Tom may be 19 years of age Jess is not at legal age to bind an Advance Care Directive therefore the decision of her treatment is left with her parents. So therefore Tom would have no legal derestriction in regards to the health or well-being of Jess. As Jess has expressed her intentions to the MO if both the child and the administrating practitioner consents in accordance with a second practitioner that it is in the best interest and well-being for the minor to go through with this treatment her parent’s decisions can be overruled by examination and written opinion through the Consent to Medical Treatment and Palliative Care Act 1995 (Consent to Medical Treatment and Palliative Care Act 1995 (SA), s. 13(1) (b). Jess and her parents beliefs of blood transfusions are a highly debated topic, however if a minor is required blood and it is decided to be in there best interest a minor can be removed from their parents and detained in hospital for medical treatment (Atkins, Lacey & Britton 2014 pp.
6 (1). The legal age in which Jess would need to be to control her own health is 16 according to SA law and the Consent to Medical Treatment and Palliative Care Act 1995. (Consent to Medical Treatment and Palliative Care Act 1995 (SA), s. 3(a) (i). As Jess is unable to in the eyes of the law to go through with her preferred treatment even the Advance Care Directive that she has put in place would default as the legal age in which someone can create an Advance Care Directive is 18 (Advance Care Directive Factsheet 2014). While her cousin Tom may be 19 years of age Jess is not at legal age to bind an Advance Care Directive therefore the decision of her treatment is left with her parents. So therefore Tom would have no legal derestriction in regards to the health or well-being of Jess. As Jess has expressed her intentions to the MO if both the child and the administrating practitioner consents in accordance with a second practitioner that it is in the best interest and well-being for the minor to go through with this treatment her parent’s decisions can be overruled by examination and written opinion through the Consent to Medical Treatment and Palliative Care Act 1995 (Consent to Medical Treatment and Palliative Care Act 1995 (SA), s. 13(1) (b). Jess and her parents beliefs of blood transfusions are a highly debated topic, however if a minor is required blood and it is decided to be in there best interest a minor can be removed from their parents and detained in hospital for medical treatment (Atkins, Lacey & Britton 2014 pp.