Wisconsin Waiver and Release From Liability For Minor Child for Healthcare

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Multi-State
Control #:
US-WAV-78M
Format:
Word; 
Rich Text
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Description

This form allows a parent or guardian to release a minor for home health care from liability for injuries which may be incurred by a minor child while on the premises, taking part in activities, etc.
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FAQ

A child who is 14 years or older, or someone on their behalf, can petition for a mental health review. They must file the petition with the review officer in the county where their parent or guardian lives. The review officer will look into the parent's or guardian's refusal to consent to treatment for the child.

By law, healthcare professionals only need 1 person with parental responsibility to give consent for them to provide treatment. In cases where 1 parent disagrees with the treatment, doctors are often unwilling to go against their wishes and will try to gain agreement.

This rule applies to any patient below the age of majority, which is 18 years in Wisconsin4 and most other states. The rationale is that parents typically are the best able to determine what medical treatment is in their child's best interest and are more competent to make informed medical decisions than their child.

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.

This rule applies to any patient below the age of majority, which is 18 years in Wisconsin4 and most other states. The rationale is that parents typically are the best able to determine what medical treatment is in their child's best interest and are more competent to make informed medical decisions than their child.

In general, the physician who is administering the treatment should obtain informed consent. The Wisconsin statute states that a physician who treats a patient shall inform the patient about reasonable alternate medical modes of treatment and about the benefits and risks of those treatments.

You can provide medical treatment to a child or young person with their consent if they are competent, or with the consent of a parent or the court. You can provide emergency treatment without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.

The records can only be released with the child's consent if they're 12 or older.

CONSENT NEEDEDThe law requires both a parent or guardian and a minor, age 14 or older, to consent to the inpatient care. If only one of them agrees, the other can fight it with a petition through the courts.

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Wisconsin Waiver and Release From Liability For Minor Child for Healthcare