Care, carers, doctors... and the law?

Abstract

The title of this paper is intended to raise the question of whether or not the law has a role to play in the relationship between carers, doctors (or other health care professionals) and the delivery of care to those in need. At one level, the answer is that the law does have little role in this area and I will briefly explore that. On another level however, the law has been used to help clarify the role of the carer in medical decision-making, and it is that issue that I want to explore in some detail. In order to address that issue I will begin by talking about health care professionals and their obligations and responsibilities. This will involve raising issues of 'competence' and 'consent', which I will explain in due course. I will then return to the position of carers and having identified the legal issues that arise in the context of the health professional/patient relationship, identify what are the rights and responsibilities of carers. In doing this I will distinguish between a Guardian and a person with a Power of Attorney.