Legal & EthicalQuestion 174 of 200
Informed consent for a non-emergency treatment generally requires:
a.Disclosure of risks/benefits/alternatives by the qualified provider, decisional capacity, and voluntary agreement of the resident or legally authorized surrogate
b.Only a signature on any form
c.Only the family's verbal okay regardless of the resident's wishes
d.No consent if the facility considers the treatment routine
Explanation
Informed consent under CA law (Probate §4670 et seq.; common-law Cobbs v. Grant) requires the provider to disclose the nature of the proposed treatment, material risks, benefits, and alternatives; the patient (or surrogate if patient lacks capacity) must have decisional capacity, understand the information, and agree voluntarily without coercion. The CNA does not obtain consent for medical treatments but ensures the resident's expressed wishes are respected and reported. A signature alone (b), unilateral family override (c), or assumed consent for 'routine' care (d) do not satisfy the legal standard.
Law Reference: CA Probate Code §4670; 42 CFR §483.10(c)Practice all 200 questions free — no signup required.
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