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

In Virginia, the ability to consent on behalf of a person to receive mental health treatment depends on their age. A minor under the age of 18 can only receive mental health treatment with the consent of a parent or legal guardian. Adults aged 18 and over are presumed to have the capacity to provide consent for themselves. However, if a person is deemed incapable of providing consent due to mental illness, a guardian or conservator may be appointed by the court to act on their behalf. Another form of consent to receive mental health treatment is provided by a proxy decision-maker. This individual, typically a relative or close friend of the patient, is appointed by the court if the patient is deemed temporarily mentally incapacitated with little hope of recovery. A proxy decision-maker can provide consent for medical and mental health treatment, as well as end-of-life decisions. In certain cases, a mental health professional, such as a psychiatrist or psychologist, may have the authority to provide consent for a patient to receive treatment if it is determined that the person is incapacitated and in need of treatment. This usually occurs in cases where the person is deemed a danger to themselves and/or others. In summary, consent for a person to receive mental health treatment in Virginia depends on their age and capacity to provide consent. If they are a minor, consent is provided by a parent or legal guardian. If they are an adult, they must provide consent themselves or have a court-appointed guardian or conservator to do so on their behalf. In certain cases, a mental health professional may be able to provide consent depending on the patient’s mental state.

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