4B. Giving or Declining Consent

There are two important parts in informed consent: Disclosure and Approval. A facility needs to have both before it can begin treatment.

Disclosure includes a description of the planned treatment, how it will be provided, and the potential benefits and  side effects of the treatment. Medical providers are required to use plain language so guardians can understand what the document says.

The second part of informed consent is approval. If granted medical decision making authority, the guardian’s “informed consent” must be obtained before treatment can begin.

You need to do a few things before you provide “informed consent”:

1. Review the clinical assessment and proposed treatment plan.
2. Talk to the medical provider about the ward’s condition and the treatment plan.

As a guardianA person appointed by the court  to make decisions in a ward's life. LEGAL DEFINITION: A person or nonprofit corporation that has qualified as a guardian of a minor or... Click or tap term for more., you must talk to the wardA person determined by the court to be incapacitated.  LEGAL DEFINITION: A person for whom a guardian or limited guardian has been appointed. (NDCC 30.1-26-01(6))   Click or tap term for more. about the proposed treatment plan and consider the ward’s wishes.