Incompetent Adult

[New Medic]

Just as a refresher question... When dealing with a Incompetent Adult and they do not have a guardian or aide around etc. Do you consider Implied consent with this patient?

 

Sorry for the Silly Questions. I have not been working in the field even though I am an EMR, due to the fact that I do not yet have my class 4. I have been out of school for a year so some of the simplest and most obvious questions I have forgotten. It's the hard and 'important' ones that I remember. It's been a while and after no review or really practice after a while you start to forget some things. I am asking these questions because I am reviewing my EMR for when I start my EMT classes here in January. I want to be prepared. 

Edited September 28, 2015 by New Medic

[Just Plain Ruff]

So what does your book say?

[Arctickat]

There's not a lot of medicolegal stuff in the EMT course Ruff, and if I recall correctly, there wasn't any mention of incompetent adults. It was just assumed that an incompetent adult would fall under the same criteria as a child. In essence, any treatments that would immediately reverse a life threatening condition are okay, but beyond that we need the permission of a guardian.

[MedicAR]

I had this problem with a DOA.  I know that sounds ridiculous, but the deceased was the caregiver for an adult functioning at about the level of an 8 year old.  My concern was whether he would be able to care for himself without anyone present once the coroner had removed the remains.  He was unable to give us information on who to contact, family names, phone numbers or anything.  They used a land line phone so raiding the "contacts" wasn't an option.  We got law enforcement out which is standard procedure on a DOA and they spoke with him, trying to determine if he was safe being alone.  We spent nearly three hours trying to find a solution.  From a legal standpoint, none of us can actually declare him incompetent, but we also know better than to just leave him.  Adult protective services said that it wasn't an abuse case, so they had no emergency power.  PD considered taking him to jail just to be supervised and get meals but there was the question of traumatizing him and the legality of taking him in.  Out of sheer luck, a family member called while we were there and agreed to come take care of him.  PD remained on scene until they arrived.  

This seems to be what usually happens on these tricky cases, there is no clear cut resolution, just what works well at the moment.  

[1EMT-P]

I would encourage you to review your EMS textbook & to become familiar with the local laws where you live. If you aren't sure what the local laws & policies are please check with your EMS agency.