On Medical Informed Consent Rights In Adult Guardianship

As a basic kind of rights of patients,medical informed consent rights should be protected by law when exercised and implemented.In medical activities,the exercise and implementation of medical informed consent rights become slightly more complicated when patients are a special group of adults under guardianship.Adults under guardianship are lacking of the ability of declaration of intension in a certain degree.They are called "adults who cannot identify their own behavior or who cannot fully identify their own behavior" in law.Therefore,it's necessary to choose guardians for them to protect the exercise and implementation of their rights.From the reform of adult guardianship system in various countries,it can be seen that the protection of adults under guardianship has shifted from property to personal rights,especially on the issue of medical rights.In the medial field,the new concept of adult guardianship system that "respects the right of self-determination" and"activate residual capacity" has also been widely used.For adults under guardianship,the most important thing in the business associated with their personalities is the right in medical activities.When adults under guardianship become patients in medical activities,the exercise and implementation of their medical informed consent rights are related to their physical integrity or their rights of health.The concept of medical informed consent rights is not a legal concept,which is defined from the patients'point of view.The capacity of adults under guardianship has been lost or restricted for the lack in mental or physical,so they need guardians.The medical informed consent rights of patients are the right to promise for others from the perspective of guardians.The guardians' exercise of the right should be limited,and one of the most important limitation is that guardians should make medical decisions based on the patients' own intent.When a patient has the ability to agree,the remaining capacity should be respected.Even if the patients have no ability to consent for medical decisions,the guardian should also protect the patients' interests as a principle.In the treatment of patients,the end of life is a relatively special treatment stage.In this stage,patients are in a state of life maintaining.For patients in this stage,their medical decisions should be made more and more cautious,because the implementation of a medical measure may lead to death.For this kind of patients,the legalization of the medical treatment should be based on the combination of medical necessity of medical treatments and will of patients.Guardians must always ask for the patients' intent in the course of the medical action and make medical decisions in accordance with patients' determinations.In the adult guardianship system,patients' medical informed consent rights should be exercised more cautiously.Guardians themselves are independent individuals.To a certain extent,it is inevitably for them to have interest conflicts with patients under their guardianship.Therefore,it also should be prudent to confirm whether the right to commit is a sign of the patients' own intent.Regardless of medical decisions made by guardians on behalf of patients,attention should be paid to the premise of grasping the "confirmation of patients' own intent".