b. Emergency Care. Consent is implied in medical emergencies where there is
an immediate threat to life or health, unless the health care provider has reason to
believe that consent would be refused by the parent or guardian. In such a case, court
authorization should be sought.
EXCEPTIONS TO PARENTAL CONSENT FOR MINORS
An emergency (consent implied).
When the consent of a minor is sufficient (emancipated/mature minors).
Under court order.
Figure 1-23. Situations in which parental consent for a minor is not needed.
c. Emancipated Minors. Those who have assumed the life-style and
responsibilities of adult status may consent to their own medical care. As a general
rule, minors are emancipated when they are no longer subject to parental control or
regulation, and are not supported by their parents. As a rule, a minor may be
considered emancipated if he or she is married, a parent, or financially self-supporting
and living away from home. The local Judge Advocate General (JAG) office can
provide the specific rules for a given locale.
emancipated minor: a minor who has assumed the life-style and
responsibilities of adult status and is not supported by either parent.
Self-supporting minors living away from home can give consent for
(2) Married minors can give consent for themselves. If unable to give
consent, the spouse may give consent. (But, in some states, the spouse must be an
Minor parents may give consent for their children.
THREE TYPES OF EMANCIPATED MINOR
Self-supporting and living away from home.
Figure 1-24. Emancipated minors can give consent for themselves and their offspring.