Who should sign the client's informed consent for a procedure when the client lacks capacity and there is a durable power of attorney?

• A. The client
• B. The nurse
• C. The physician
• D. The client's son with durable power of attorney

Answer: (D)

When a patient cannot give informed consent because of incapacity, a legally authorized representative must provide consent for treatment. A durable power of attorney for health care designates someone to make medical decisions and sign consent on the patient’s behalf when they’re unable to. The son who holds that durable power of attorney is the person authorized to consent, so he should sign the informed consent form. The nurse does not sign for consent, and the physician may discuss risks and options but the actual signature comes from the designated surrogate. If there were no such surrogate, other legal arrangements would apply, but with a DPOA in place, the surrogate is the appropriate signer.