Who can give consent for a person to receive mental health treatment?

In California, a person must give their consent before receiving mental health treatment. Consent must come from someone who is legally authorized to make decisions on their behalf. Generally, this person is an authorized representative, conservator, parent, or guardian. If the patient is an adult, they can provide consent for themselves. In some cases, a court-appointed conservator can provide consent for an adult in the event that they cannot provide consent themselves due to a physical or mental disability. In the case of minors, the legal parent or guardian must provide consent for the patient to receive mental health services. If the patient is a minor and the parent or guardian cannot provide consent, then a court-appointed conservator can provide consent. In the case of an emergency, a doctor or mental health professional may provide consent for a minor to receive mental health treatment. This type of consent is only valid for a limited time and the patient’s legal parent or guardian must be notified as soon as possible. Finally, in some circumstances, a court order may be required for consent. Before any mental health care or treatment is provided, it is important to make sure the appropriate consent is provided.

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