Consent of Emancipated Minor for Medical Care

State:
Multi-State
Control #:
US-02559BG
Format:
Word; 
Rich Text
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Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

MINOR MUST BE EMANCIPATED (GENERALLY 14 YEARS OF AGE OR OLDER) LAW/DETAILS MAY/MUST THE HEALTH CARE PROVIDER INFORM A PARENT ABOUT THIS CARE OR DISCLOSE RELATED MEDICAL INFORMATION TO THEM? An emancipated minor may consent to medical, dental and psychiatric care.

Step 1 Find a Competent Guardian. Step 2 Inform the Guardian of Child's Medical Issues (if any) Step 3 Inform the Guardian of the Child's Medications. Step 4 Determine an End Date. Step 5 Sign the Document.

A care provider may perform a routine test or treatment on a minor who is over the age of 14 without parental consent and without accompaniment, on condition that the minor him/herself gives informed consent for the medical procedure.

Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.

Defining the legal age of majority at 18 years is an attempt to create conditions in which most patients can actuate the traditional notion of informed consent. This does not imply, however, that no one younger than 18 years can participate in their own health care decision making.

Medical, dental and health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the physician's judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the minor's life or health.

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Consent of Emancipated Minor for Medical Care