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Since the 1990s, California law has afforded minors the right to consent to certain types of medical care, such as the diagnosis and treatment of sexually transmitted diseases, without the consent of their parent or guardian.
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.
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
The consent document must be signed and dated by the patient (or the patient's legal guardian or representative). Many consent forms also require a physician signature. Consent forms should include statements to be signed by the patient and the physician.
A child younger than 14 may be competent to consent to treatment . Conversely, a child aged 16 or over may lack competence . Health practitioners need to make an assessment of competency to consent for all young people aged under 18 years (or 16 years in South Australia) .
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.
Although most adolescent patients younger than 18 years cannot legally provide informed consent, they can and should provide their assent for decisions that affect their health, life, and death.
Informed consent can only be obtained from an adult patient who is mentally competent to do so except under some circumstances and situations.