CCMA - Medical Law and Ethics - Section 7.2

Explain informed consent requirements, patient rights, advance directives, and the role of power of attorney in care decisions.

Explain the elements of valid informed consent and the circumstances that allow a patient to refuse or withdraw consent. Describe advance directives - living wills and durable power of attorney for healthcare - and recognise when these documents govern care decisions.

Informed consentPatient rightsAdvance directivePower of attorney

Practice question for this objective

Free sampleMedical Law and Ethicsmedium

During registration, a 78 year old patient hands the medical assistant a folder containing a living will and a durable power of attorney for healthcare naming her daughter as agent. The patient is alert and answering questions independently today. What is the BEST action for the medical assistant to take?

  • AHand the documents back to the patient and tell her the practice only needs them when she becomes unable to make her own decisions.
  • BAsk the daughter to come in and co-sign today's visit notes, since the durable power of attorney for healthcare gives her authority to make decisions alongside the patient.
  • CFile the living will in the chart but discard the durable power of attorney for healthcare because the living will already covers end of life decisions for this patient.
  • DScan both advance directive documents into the patient's chart, flag the record so the provider is alerted, and confirm with the patient that the documents on file are current. Correct
Apply correct handling of advance directives by filing both the living will and durable power of attorney for healthcare in the chart and confirming currency while the patient retains capacity. Advance directives include a living will, which records the patient's treatment preferences, and a durable power of attorney for healthcare, which designates an agent to make decisions when the patient cannot. The two documents are complementary, not interchangeable, and both should be added to the medical record so they are available the instant capacity is lost. While the patient retains capacity, the patient alone gives consent; the agent's authority is dormant. Verifying currency with the competent patient prevents the team from acting on superseded wishes and supports patient self-determination rights.

Why A is wrong: Tempting because the directive only operates when the patient cannot decide, but the documents must be on file in advance so the care team has them available the moment capacity is lost; returning them defeats their purpose.

Why B is wrong: Tempting because the daughter is named as agent, but a durable power of attorney for healthcare only activates when the patient loses decision-making capacity; while the patient is competent, she alone consents to and signs for her own care.

Why C is wrong: Tempting because both documents address future care, but they serve different functions: a living will states treatment preferences while a durable power of attorney for healthcare designates a decision-maker for situations the living will does not anticipate, so both must be retained.

Why D is correct: Correct because advance directives, including a living will and a durable power of attorney for healthcare, belong in the medical record so the care team can honour the patient's stated wishes; verifying currency with the competent patient ensures the team relies on the latest version.

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