What happens if a person does not have the capacity to decide about medical treatment?

• If a person does not have the capacity to decide about medical treatment an application will need to be made to the Guardianship Tribunal to determine who should make the decision.
• When a person with a disability does not have the capacity to make a decision about terminating a pregnancy for example the decision can only be made by the Guardianship Tribunal or the Supreme Court.
• The Tribunal can consent to the sterilisation of a person with a disability only if it is satisfied that it is necessary to save the person’s life or to prevent serious damage to their health and that it is the most appropriate treatment in all circumstances.
• It is important to recognise the equal rights of people with disabilities. They have the same rights and independence as everyone else in the community. Sometimes they may need assistance in giving effect to those rights or understanding the impact of their choices.
• You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.