Patients' Rights and Consent in minors

Consent in minors

This differs in different states, and the following are outlines:

Emancipated minors

Minors have the legal capacity of an adult if they meet the following criteria: Live on their own, are self-supporting, are married, are in the armed forces, or fulfill any combination of the above. In all cases an emancipated minor may be dealt with medically as an adult, and no parental permission is ever required for treatment. However, when treating a patient as an emancipated minor, that minor is responsible for the bill, and the parents are not financially responsible for treatment they did not consent to.

Mature minors

Legally, a "mature minor" is judicially recognized as possessing sufficient understanding and appreciation of the nature and consequences of treatment despite their chronological age. The term is usually applied to adolescent (age 14 or older) when a proposed treatment is not of a serious nature. For example, a 14 year old is capable of giving informed consent for the removal of warts, but may not be capable of making decisions regarding the treatment of acute leukemia.

Consent in questions of contraception and abortion

Minors have a right to contraception without their parent's knowledge (at least at federally funded sites....e.g. Planned Parenthood). This means , however, that the parents cannot be sent the bill (This would be a breach of confidentiality by the physician).
Minors also have a right to an abortion without their parents knowledge. If only the minor consents to the abortion, however, the parents are again not responsible for payment.

True minor

A minor who is unable to consent for his or her self (i.e., not an emancipated or mature minor) will need consent from his or her legal guardian. In cases of divorce or re-marriage this can be quite complicated, as both parents may be guardians, but only one may have financial responsibility for the child. In this case, can the one parent give consent for procedures that the other parent will have to pay for? When problems such as these arise, it is helpful to have an attorney's recommendations.