HEALTH CARE PRACTICES, CONSENT OF THE INCAPACITATED DISABLED PERSON AND ROLE OF HIS/HER LEGAL GUARDIAN.

Abstract

In this paper we try to show how is the legal system through which it is articulated the granting of consent for the performance of health care practices by disabled people who have been declared incapacitated. In this regime, it is remarkable the prominent role of the intervention of the legal guardians of the disabled persons, both holders of parental authority as guardians, and even curators and de facto keepers in certain circumstances. We will refer to both the general system about such consent as to the special regulations for cases of voluntary termination of pregnancy and sterilization, application of assisted reproduction techniques, clinical trials and biomedical research and practice of transplantation.