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

In New York, a person who is 18 years old or older is legally able to give consent for themselves to receive mental health treatment. Anyone under 18 years old, or an individual who has been deemed mentally incompetent, will need to have a guardian or a representative give consent for them. If a minor under the age of 14 is seeking mental health treatment, both the minor’s parents or any of their guardians are required to give consent. In some cases, a court might designate someone as a patient’s guardian or a representative to give consent. This is most often done if the patient’s parents are unable or unwilling to provide consent or to make decisions on their behalf. Court-appointed representatives are responsible for ensuring that the patient is receiving the necessary care and treatment. When the patient is over the age of 14 but still considered a minor, the court can give permission for treatment if the patient is mature enough to understand the nature of their mental health diagnosis and the treatment plan. A doctor or other mental health care professional might also provide an opinion on the patient’s level of maturity. The court may also approve treatment without parental consent in certain cases, such as when the parents are not available or cannot be reached, or when the treatment is considered medically necessary. Ultimately, it is up to the court to determine who can give consent for a person to receive mental health treatment in New York.

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

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