Of special note - sentence 2. Can we be determined to not have capacity if we do not agree with their "treatment." Yes, we can.
(1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this section, a person who is of the age of consent to make a particular health care decision is presumed to have capacity, unless a health care provider reasonably determines the person lacks capacity to make the health care decision due to the person's demonstrated inability to understand and appreciate the nature and consequences of a health condition, the proposed treatment, including the anticipated results, benefits, risks, and alternatives to the proposed treatment, including nontreatment, and reach an informed decision as a result of cognitive impairment; and the health care provider documents the basis for the determination in the medical record.
You are missing the point that they can decide that you don't understand the gravity of the situation and can therefore decide for you.
"unless a health care provider reasonably determines the person lacks capacity to make the health care decision due to the person's demonstrated inability to understand and appreciate the nature and consequences of a health condition"
If a healthcare worker decides that you don't demonstrate the ability to appreciate consequences of not acting, they will decide to act for you. You really have to try to parse what they are saying. The above sentence can be interpreted to mean this very easily. It doesn't say anywhere that this is specifically for dementia patients or people who are otherwise not cognizant of a particular situation. That means it is for everyone.
Washington State - Informed Consent Law effective Jan 1,2022
https://apps.leg.wa.gov/RCW/default.aspx?cite=7.70.065
Of special note - sentence 2. Can we be determined to not have capacity if we do not agree with their "treatment." Yes, we can.
(1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this section, a person who is of the age of consent to make a particular health care decision is presumed to have capacity, unless a health care provider reasonably determines the person lacks capacity to make the health care decision due to the person's demonstrated inability to understand and appreciate the nature and consequences of a health condition, the proposed treatment, including the anticipated results, benefits, risks, and alternatives to the proposed treatment, including nontreatment, and reach an informed decision as a result of cognitive impairment; and the health care provider documents the basis for the determination in the medical record.
Seems pretty standard. For dementia patients etc? What am I missing?
It’s not for dementia patients, it’s for everyone they disagree with.
You are missing the point that they can decide that you don't understand the gravity of the situation and can therefore decide for you.
"unless a health care provider reasonably determines the person lacks capacity to make the health care decision due to the person's demonstrated inability to understand and appreciate the nature and consequences of a health condition"
If a healthcare worker decides that you don't demonstrate the ability to appreciate consequences of not acting, they will decide to act for you. You really have to try to parse what they are saying. The above sentence can be interpreted to mean this very easily. It doesn't say anywhere that this is specifically for dementia patients or people who are otherwise not cognizant of a particular situation. That means it is for everyone.
I was just going to answer them with a less eloquent response. Thanks.
I get that, but I'm asking, is this new? Seems like that sort of thing would have to happen even before covid.