A nurse is caring for an older adult with a mental illness who will be going to surgery for placement of a non-emergent pacemaker in the morning. The patient has been deemed incompetent by a court of law. The nurse understands that which individual will need to sign the patient's surgical consent?

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2. Competency is a legal issue. Patients who are deemed incompetent by law are appointed a conservator or guardian, and any consent to procedures must be approved by that individual. If it was an emergent procedure, informed consent could be waived as long as standard of care was followed appropriately. In the case of an incapacitated patient (as opposed to an incompetent one), next of kin may be able to provide consent depending on state law. Nurses should be familiar with the laws in their own states.

A Nurse Is Caring for an Older Adult with a Mental