Cap. 525 Art. 4Responsible carer.

(1) The responsible carer shall be a person who is ordinarily resident in Malta and who maintains a close personal relationship with the patient and manifests concern for his welfare.

(2) The responsible carer shall be a person appointed in writing article (3) hereunder, be taken to be in the following order:

(a) the husband or the wife, if any, unless permanently separated from the patient, either by a judgment or by mutual consent authorised by a decree, in either case given by the competent court, or has deserted or has been deserted by the patient for any period which has not come to an end; or

(b) sons and daughters over the age of eighteen years; or

(c) either parent by mutual consent; or

(d) a close friend or other relative of the patient; or

(e) in those instances where a responsible carer under paragraphs (a) to (d) above cannot be identified, traced or refuses to give his consent, a healthcare professional shall be appointed by the Commissioner to assume the role of responsible carer, in so far as the giving or withholding of consent to treatment is concerned:

Provided further that notwithstanding the provisions of this subarticle, the responsible specialist may request the Commissioner in writing to substitute the responsible carer by any other person, giving reasons for his request and the Commissioner shall on receipt of the request review the case and give his decision in writing within 120 hours to the responsible specialist and the patient.

(3) Where any person is appointed by a decree of a Court to represent the patient, the person so appointed shall be deemed to be the responsible carer of the patient.

(4) The responsible carer shall:

(a) be informed by the responsible specialist or his delegated member of the multidisciplinary team of the rights of the patient and on the services and support available to him in looking after the person;

(b) have access to such services and support;

(c) participate in the formulation of the multidisciplinary care plan;

(d) be promptly informed and given adequate guidance on how to better support and look after the patient.