Child Medical Consent FAQ - United States
From LawDepot Law Library
A child medical consent is a document which allows parents or guardians to authorize another party to consent to their child's medical treatment.
When can I use a child medical consent?
A child medical consent is used when you are unable to personally consent to your child's medical treatment. You should use a child medical consent when you are traveling without your children or in other situations where you will be leaving your children in the care of others.
A child medical consent is ideal for use when a child is being cared for by a babysitter, grandparents, other relatives, or other temporary guardians. With this authorization, the caregiver will be able to access medical care without delay, especially in emergency situations.
What information is contained in a child medical consent?
The following information is contained in a child medical consent:
- the names and addresses of the parent(s) or guardian(s) who are providing the authorization;
- the names and birth dates of all children involved;
- health information of each child involved;
- the identity of the temporary guardian;
- a description of the medical treatments for which authorization is provided;
- a statement that there is no court orders that would prevent the parent or guardian from legally making such an authorization; and
- signatures of the parent(s) or guardian(s) in the presence of 2 witnesses, or 2 witnesses and a notary public.
What is the difference between a child medical consent and a child travel consent?
A child medical consent is a document that shows health care personnel that parents have authorized another party to consent to their child's medical treatment. A child travel consent, on the other hand, is a document that shows authorities and foreign officials that a child has permission from parents or guardians to travel.
Do I need a child medical consent if I already have a child travel consent?
If your child will be traveling with individuals who are not the legal guardians of the child, you may want to consider preparing a child medical consent in addition to a child travel consent. LawDepots’s child travel consent comes with language that authorizes non-guardians to consent to emergency medical treatment when a guardian cannot be reached. However, if you would like to set out greater particulars on the type of treatment you are authorizing or health information relating to your child, it is best to also complete a child medical consent.
What is the governing law?
The child medical consent will be governed by the state where medical services may be sought. Normally this will be where the child resides at the time when the parent/guardian cannot give consent.
Who should I choose as a temporary guardian?
When choosing a guardian you should consider the following questions:
- Is the guardian of legal age? In most states, a temporary guardian will have to be at least 18 years old in order to consent to medical decisions for your child.
- Is the guardian genuinely concerned for your child's welfare? You should ensure that your prospective temporary guardian cares for your child's health and well-being.
- Does the guardian share your moral beliefs? While it is not always necessary to choose a temporary guardian who shares your moral beliefs, you should choose someone who respects and understands your morals and who will make medical decisions for your child accordingly.
If I authorize a temporary guardian to consent to medical care and treatment of my children, am I giving up my parental rights?
No. Authorization for medical consent to a temporary guardian does not revoke your parental rights.
How do I end the authority of the temporary caregiver?
LawDepot's child medical consent allows you to specify an end date on the form. If you specify an end date, the caregiver's authority will only extend to that date. However, if you do not wish to specify an end date, you can take back a temporary caregiver's responsibilities by telling the temporary caregiver your intentions. If you do this, you should also inform any medical personnel who were acting on the caregiver's authority.