My father cannot make decisions any more, who decides about his treatment?
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My father cannot make decisions any more, who decides about his treatment?

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18.07.2026

My father has advanced dementia and the hospital needs to make a decision about a serious operation. He never signed any legal documents about who should decide. Who has authority to consent for him? Nobody has given me a straight answer and I want to understand where I actually stand.

Site Administration 22.07.2026
reply date: 22.07.2026

If a person lacks capacity and has no enduring power of attorney or welfare guardian, the Code of Health and Disability Services Consumers' Rights allows providers to provide services if they are in the person's best interests, after taking reasonable steps to find out the person's views, and the views of suitable people, such as family or whanau, who are interested in their welfare. Under Right 7(4), the provider must consult those people, and the decision should reflect what the patient would have wanted. For significant decisions that cannot be resolved, you can apply to the Family Court under the Protection of Personal and Property Rights Act 1988 for the appointment of a welfare guardian or an order about the treatment. Speak to the clinical team about their proposals and alternatives, and ask for an ethics review.

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