Information on Consent for Minors

California law authorizes the parent or guardian of a minor child (anyone under the age of 18 years) to give informed consent for most medical decisions on behalf of a child. However, if a parent is separated from a child for a few days or even a few hours, the parent may wish to give written authorization to an adult care provider (i.e., babysitter or grandparents) to take the child in for any necessary medical treatment. To see a sample "Authorization for Agent to Consent to Medical Treatment of a Minor," click here.

If a procedure is required, the authorized care provider should give informed consent specific for the procedure and sign a separate procedure consent form. It is also important that the physician provide a timely follow-up, if possible, with the parent by telephone regarding the diagnosis, treatment, or any future care required.

As stated above, a parent or guardian must consent for routine health care on behalf of a minor. However, there are several important exceptions to this rule. Minors may consent to any medical treatment based on age or status (emancipation) and for certain specific types of treatment. For more information on when minors are authorized to consent, read the linked article "Consent for Minors."

When the minor patient does not live with his or her parent, who can give consent for the minor's medical care? Under the California Family Code section 6550, a "qualified relative" may give consent for medical treatment of a minor. For more information about qualified relatives, read the linked article "Caregivers Consent to Treatment for Minors." Click here for a sample Caregiver's Authorization Affidavit.

What happens when divorced parents cannot agree on consent issues? When parents are divorced, their respective rights and parental obligations are defined by the particular custody arrangement approved by the Court. A first crucial step to resolving custody/consent conflicts is to clarify the legal custody determination. Read the linked article "Treating Minors of Divorced Parents."


Watch for a future article regarding minor's consent exceptions and issues related to foster parents' ability to consent. If you have additional questions regarding this subject, contact the CAP Hotline at 800-252-0555.


Authored by
Ann Whitehead, RN, JD
CAP Risk Management & Patient Safety

 

Published comments of this information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.