consent need to be taken from the patient, provided they have mental capacity to do so, in the event of incapacitation, there is no direct reference to Malaysian Act, but combining Mental Capacity Act UK 2005 usable via Section 3 & 5 Malaysia Civil Law Act 1956, Plus Mental Health Act 2001 Malaysia;

IF patient incapacitated to give consent; it should be taken from parents, husband/wife, son/daughter, brother/sister, grandparent,grandchildren, maternal/paternal uncle/aunt, nephew/niece

IF ALL the above cannot be found or uncontactable or all of them deceased; and ONLY during Emergency Life Threatening; only then the treating doctors can give consent for procedure/surgery for the patient