f. Babysitters. Based on legal authorization or special power of attorney, a
minor (or any other person) serving as temporary custodian of a minor may give
consent for examination and treatment in an emergency.
1-26. CONSENT FROM OTHER THAN PATIENT
a. Order of Substitute Consent. When a patient cannot give consent, the next
of kin may provide substitute consent. The general order of preference for such
consent, which may vary slightly from state to state, is as follows: a spouse, a parent
(for a child), an adult child (for a parent), an uncle, an aunt, and a grandparent. A JAG
advisor can provide the order of preference for consent for the particular state in which
you are practicing.
b. Spousal Consent. Spousal consent is needed if a married patient is
unconscious or otherwise unable to consent. As stated earlier, it is also needed when a
physician chooses to exercise therapeutic privilege, withholding information from the
patient that may adversely affect treatment.
ORDER OF SUBSTITUTE CONSENT (GENERALLY)
A parent (for a child).
An adult child (for a parent).
Figure 1-28. The order of consent may vary slightly by state.