Who can give consent for a person to receive mental health treatment?
In North Carolina, consent for a person to receive mental health treatment must generally come from the patient. Under the North Carolina Mental Health Law, patients 16 and older may give consent for their own treatment, unless they are legally incompetent. If a person is legally incompetent, meaning they cannot make their own decisions, consent for mental health treatment comes from the person’s legal guardian or conservator. In certain cases, another form of consent may be used. For example, if a person is deemed an imminent risk to themselves or to others, consent is not necessary to provide further assessment or treatment. In addition, if a person has been declared to be unfit to manage their personal affairs a court may authorize treatment. In addition, in the case of a minor under 16, consent to receive mental health treatment must come from the parent or guardian. This also applies if the patient is 16 or 17 but not emancipated. The law does provide for exceptions to this rule, however. If the minor is found to be mature enough to give their own consent, and the parent or guardian does not give consent, the patient may be able to provide consent on their own behalf. In short, in North Carolina, consent for a person to receive mental health treatment typically comes from the patient, their legal guardian or conservator, their parent or guardian, or in certain cases, the patient themselves. It is important to understand the laws regarding consent to ensure that a person’s rights are respected.
Related FAQs
What is the right to an independent evaluation in a commitment proceeding?What is a mental capacity assessment?
What is the legal standard for involuntary commitment?
What are the laws regarding the use of restraints in mental health facilities?
What rights do people with mental illness have under the law?
What rights do families of mentally ill people have?
What are the legal implications of neglecting someone with mental illness?
What is the right to a lawyer for mentally ill people?
What are the rights of mentally ill people in the education system?
What is the difference between voluntary and involuntary commitment?
Related Blog Posts
A Comprehensive Guide to Mental Health Law - July 31, 2023Exploring the Impact of Mental Health Law on Patients - August 7, 2023
How to Navigate Mental Health Law in the Workplace - August 14, 2023
Understanding the Fundamentals of Mental Health Law - August 21, 2023
A Look at the Evolving Nature of Mental Health Law - August 28, 2023