In a non-competent individual it is very simple. It is simply up to the doctor acts to act in the best interest of the patient. A judge is only there to tell the doctor what is legally defensible under the law. They main use is to cover the doctor to cover for treatment when it is highly questionable. Breaking the consent of adults who have the legal rights over their children is one of the few reasons that doctors can challenge this. You see performing something may be deamed unlawful so you have to seek legal advice first. Other than this very select situation it is very wrong to say 'seek a court order'. I found out the hard way and I messed up my o+g osce because i kept at this. I promise you it comes together beautifully in the end but go out and play children. Just sound intelligent and try not to commit yourself to anything. They are not going to expect knowledge of ethics and law from school kids.(Original post by mmmpie)
They can put it before a judge for anyone who is incapable of giving consent, whether that's because they're very young, because they're unconscious, or because they're a loony.
I just can't decide