Recommendations for Issuing Documents Certifying Consciousness of People with Dementia and People with Communication Impairment, according to the Personal Data Protection Act B.E. 2019

Abstract

People with dementia and people with difficulty communicating are increasing in aging society. Consequently, demand for a medical certificate relating to patient consciousness and intention is required for legal use. This investigation set out to examine the results of the consciousness check and prepare a report accurately and appropriately. In order to obtain pertinent information for the report, relatives or caregivers must first complete a form requesting information on the dementia or communication impaired patient’s state of consciousness from the hospital administration, which possesses the relevant personal data for consideration and approval. Doctors can disclose patient information according to the Personal Data Protection Act BE 2019 to other people or to government agencies. This discloser is due to the necessity for the establishment of legal claims compliance. Medical ethics dictate the disclosing of information in accordance with the principle of benefiting patients. Prior to the examination, doctors should prepare documentation to record patient history, personal data, and the location of the consciousness assessment. During the physical examination of the patient, camera or video is used to record images and sound. After the examination, a medical certificate is issued that outlines the patient’s characteristics, diagnosis, treatment, consciousness and intentions. Firstly, the certification is used by relatives or caregivers to file a court petition characterizing the patient as an incompetent person who needs a guardian to manage their property and financial transaction. Secondly, it is used to authorize a third person to make legal transaction on behalf of communication impaired patients. In conclusion, physicians should examine the consciousness of dementia patients and those with communication impairment in order to ascertain whether they are capable or incapable. Then, appropriate medical certification should be provided for the benefit of the patient, family and the society.