A surrogate decision-maker may sign the consent on behalf of the patient if:
- The patient is a minor (less than 18 years of age)
- The patient desires the surrogate to sign on his/her behalf. ( to be mention on consent)
- The patient is mentally incapable of making an informed consent.
- The patient is mentally incapacitated.
- The patient is unconscious
- The patient has received sedation within 3 hours
- The patient is physically incapable of signing the form
The order of preference for “surrogate” is as follows :
Type of Patient | Authorized Person |
The patient himself (if capable physically) | |
Adult Patient (above 18 years) | If Incapable or otherwise |
If Single | |
a. Parents ( Father or mother ) | |
b. Brother or Sister depending upon seniority in the family and their availability at the time of obtaining consent (if father or mother is not available or has expired) or the relative available. | |
If Married | |
a. Spouse or the husband (as the case may be) | |
b. Parents (father or mother) | |
c. Brother or Sister – satisfying the conditions stated above. | |
Minor Patient (Under 18 years) | a. Parents ( Father or mother ) |
b.Brother or Sister (if either parent is not available and if the person has crossed 18 years). For more than one eligible brother or sister available at the time of consent, consent will be obtained from the willing persons depending upon their seniority and availability. | |
In case neither of the above-mentioned relatives of the patients is present, consent would be taken from the relative available at the hospital premises. |
In a life-threatening emergency where the patient is unconscious or unaccompanied, consent shall be implied; therefore the patient’s signature is not required. In such situations, the Consultant shall document in the patient’s medical record both the nature of the emergency and the inability of the patient or surrogate decision-maker to consent.