Section 10(5) in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
(5)If the patient is incapable of giving consent because he/she is of under-age, or is unconscious or is in a state of mind constituting a mental impairment a third party consent shall be required wherein the following member of the patient party, in the order of priority stated hereunder, may give such consent: (a) spouse; (b) son or daughter of legal age; (c) either parent; (d) brother or sister of legal age, (e) guardian, or (f) any near relative or any one of the patient party.
