The responder must obtain the consent of the patient, or of the legal guardian of a patient who is a minor, unless this is not possible; failing to do so may attract a charge of assault or battery. All "Good Samaritans" must state their level of training if previously trained
Consent may be implied if an unattended patient is unconscious, delusional, intoxicated or deemed mentally unfit to make decisions regarding their safety, or if the responder has a reasonable belief that this was so; courts tend to be very forgiving in adjudicating this, under the legal fiction that "peril invites rescue" (as in the rescue doctrine).[20] The test in most jurisdictions is that of the 'average, reasonable person'. To illustrate, would the average, reasonable person in any of the states described above consent to receiving assistance in these circumstances if able to make a decision?
Consent may also be implied if the legal parent or guardian is not immediately reachable and the patient is not considered an adult