The WMA 2005 Declaration of Lisbon on the Rights of the Patient outlined the rights of legally incompetent patients as follows:

“5. The legally incompetent patient

1. If a patient is a minor or otherwise legally incompetent, the consent of a legally entitled representative is required in some jurisdictions. Nevertheless the patient must be involved in the decision-making to the fullest extent allowed by his/her capacity.
2. If the legally incompetent patient can make rational decisions, his/her decisions must be respected, and he/she has the right to forbid the disclosure of information to his/her legally entitled representative.
3. If the patients legally entitled representative, or a person authorized by the patient, forbids treatment which is, in the opinion of the physician, in the patients best interest, the physician should challenge this decision in the relevant legal or other institution. In case of emergency, the physician will act in the patients best interest.”