A doctor cannot do a medical or surgical procedure on a ward (someone under a guardian's care) without the guardian's permission. But if the ward's life is in danger and there is no time to ask, the doctor can go ahead without permission — they just have to write down in the medical record why it was necessary. If someone's life is in danger and they cannot give permission themselves, a court can step in and give permission for them after a hearing. That hearing can happen quickly, even at the hospital, and people who care about that person should be notified if at all possible.
475.123. Medical and surgical procedures — — emergency. — 1. No medical or surgical procedure shall be performed on any unless consent is obtained from the of his person except as provided in s 2 and 3 hereof.
2. If the life of the ward is threatened and there is not time to obtain consent, a medical or surgical procedure may be performed without consent after the for the procedure has been documented in the medical of the ward.
3. If the life of a person is threatened and his consent to a necessary medical or surgical procedure cannot be obtained, a court, on filed section 475.060, after , may authorize consent on behalf of such person.
4. Any hearing conducted pursuant to subsection 3 of this section, involving a life threatening medical emergency, may be conducted within or without the county at the medical facility where the person has been admitted with such notice and in such form as is considering the time imposed due to the condition of person. The fact of attempted oral notice to persons interested in the welfare of the person shall be made a part of the record of the hearing.
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Source & history notes
(L. 1983 S.B. 44 & 45)
Related Missouri laws
Admission to mental health or developmental disability facilities
RSMo 475.121
Support and education of protectee and dependents
RSMo 475.125
General powers and duties of guardian of the person
RSMo 475.120
General duties and powers of conservator of estate
RSMo 475.130
Appointment of successor guardian or conservator
RSMo 475.115
Individual liability of conservator
RSMo 475.132
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.