Does my patient have capacity to consent to treatment?

A competent adult patient has an ethical and legal right to give or withhold consent to an examination, investigation or treatment. Depending on the nature and complexity of an intervention, a patient with a developmental disability may be capable of consenting to their own medical treatment. In circumstances in which an adult patient does not have the capacity to consent, there is specific guardianship legislation enacted in each state that provides for valid consent by a substitute decision maker.