Who can consent to treatment?

Note that here "parent" means any person who has the parental responsibility of that child. Usually it is the mother. The fathers of unmarried couples don't hold this responsibility automatically although they can acquire it.

Obtaining consent from one parent is enough (ie. One of the people with parental responsibility).

1.      Child less than 16 years – Concept of “Gillick Competence” may apply

a.      If a child is very young or incompetent, only the parent can give consent

b.      If child is “Gillick competent” and consent was taken from him, additional consent by parent responsible is NOT required, BUT you should encourage the child to inform his parents.

2.      Child 16 or more but less than 18 years old:

a.      The competent child can consent, but still it is good to involve his/her parents.

b.      The parent can consent (if the child is mentally incompetent)

3.      Adult (18 years and over)

a.      He/she is the only one who can consent

b.      Parents cannot consent for him/her (even if the he/she are mentally incompetent)

c.      If he/she is incompetent, then the physician must do what is in his/her “best interest”

Complete and Continue