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

Under Minnesota law, when a person is seeking mental health treatment, consent is needed from the patient or a legally recognized guardian. For a person to give consent, they must be 18 years of age or older. If the patient is a minor, the consent must be given by a parent or legal guardian. If the patient is a minor and a parent or guardian is not available to give consent, then a court order must be obtained. When a person is mentally incapacitated due to a mental illness or mental disability, a guardian can be appointed to provide consent for them. This guardian must be an individual who is not part of the mental health treatment team. The guardian must be an adult who is willing to take responsibility for the patient and advocate on their behalf. A guardian must provide consent for any treatment the patient may receive. Even if a patient does have a guardian, they still have the right to refuse treatment. In Minnesota, this is referred to as “informed consent” and requires that the patient be informed of the risks and benefits of any treatment being proposed. If the patient does not consent to the proposed treatment, then the guardian cannot give consent in their place. In addition, a patient may revoke their consent at any time without needing to obtain the consent of their guardian. Therefore, if a patient no longer wishes to receive mental health treatment, they can refuse it without needing to first obtain permission from their guardian.

Related FAQs

What is a mental capacity assessment?
What is the right to receive notice of commitment?
What are the requirements for an involuntary commitment?
What is the standard of care for mental health treatment?
What is the difference between an inpatient and an outpatient mental health facility?
What is the right to access medical records?
What is the right to a hearing before being involuntarily committed?
What are a person’s rights in a mental health commitment process?
What is the role of mental health professionals in involuntary commitment proceedings?
What are the rights of mentally ill people in the criminal justice system?

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

Related FAQs

Related Blog Posts