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

In Montana, consent for a person to receive mental health treatment is given differently depending on the individual’s age. Generally, the consent of a parent or legal guardian is required for minors to receive mental health treatment. For individuals between the ages of 14 and 18, a parent or legal guardian must give consent for the person to receive mental health treatment. If the minor is married, is pregnant, or is a parent of a child, they may also give consent for themselves. Additionally, minors may also give consent if a court has determined that they have the capacity to make an informed decision about mental health treatment. For adults aged 18 and older, consent for mental health treatment is given directly by the individual receiving the treatment, their legal guardian, or a court that has deemed the individual to be legally unable to give informed consent. Additionally, if an individual has been deemed to be a danger to themselves or others, Montana state law allows mental health treatment to be provided without their consent. In these cases, consent may be provided by the individual’s legal guardian or a family member. It is important to note that the consent process may vary depending on the specific situation and may require the involvement of medical, legal, or social services professionals.

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