Legal & EthicalQuestion 174 of 200

Informed consent for a non-emergency treatment generally requires:

a.Only the family's verbal agreement, regardless of what the resident wants, because relatives are presumed to know the resident's wishes best in a nursing facility
b.No consent at all when the facility considers the treatment routine
c.Disclosure of risks/benefits/alternatives by the qualified provider, decisional capacity, and voluntary agreement of the resident or legally authorized surrogate
d.Only the resident's signature on any form the facility provides

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 (d), unilateral family override (a), or assumed consent for 'routine' care (b) do not satisfy the legal standard.

Law Reference: CA Probate Code §4670; 42 CFR §483.10(c)

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