How is consent for treatment handled when capacity is lacking?

• A. Involuntary treatment may be provided under statutory authority to protect safety and provide care
• B. Treatment may be provided only with patient consent
• C. Family consent is always required
• D. Consent is never required in holds

Answer: (D)

When capacity is lacking, treatment can proceed without the person’s consent under statutory authority designed to protect safety and provide care. In California, an emergency hold (often called a 5150) allows evaluation and treatment for up to 72 hours if an individual is a danger to themselves or others or gravely disabled. During this hold, clinicians may administer necessary treatment without the patient’s consent to stabilize the condition and ensure safety. While this is in effect, the person retains rights to be informed and to request evaluation or challenge the hold, and once capacity returns, ongoing treatment would require consent or surrogate consent as appropriate.