A patient with a mental illness is deemed incompetent and requires an elective surgical procedure. Which individual should sign the consent form for the patient?
1. Spouse
2. Guardian
3. Oldest child
4. Hospital administrator
2. Guardian
Explanation:
Competency is a legal issue. Patients who are deemed incompetent by law are appointed a conservator or guardian, and any consent to procedures must be approved by that individual. If it was an emergent procedure, informed consent could be waived as long as standard of care was followed appropriately. In the case of an incapacitated patient (as opposed to an incompetent one), next of kin may be able to provide consent depending on state law.
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