MEDICAL
CONSENT:
A New Tool for Grandparents and Others Caring
for Children
by
Jenny Hellman
SeniorLAW Center
Grandparents and other elders are playing a larger and
larger role in the care of young children in our community.
In Philadelphia, advocates estimate that more than
60,000 children are being raised by relative caregivers, primarily
grandparents and other elderly family members.
This accounts for 1 in 6 children in our community.
These elders -- known as kinship
caregivers -- have
assumed the role of parent to ensure that these children receive
medical care, an education, and the stability, affection, and
sense of family they need to survive.
Many other grandparents also care for children while parents
are at work, for a few hours when needed, or during a difficult
period such as a divorce.
In all such instances, older adults may need to take a child
to a doctor for either routine medical care, such as check-ups, or
for emergency treatment. If
the caregiver is not the legal guardian or custodian, they are not
able to give consent for medical, dental or mental health
treatment. Pennsylvania’s
Medical Consent Act provides a tool that can help resolve these
problems.
The Medical Consent Act allows a parent or legal
custodian to authorize another person to consent to medical,
dental or mental health care for children by completing and
signing a simple document. The
relative or family friend that is named may consent to a child’s
medical, dental, surgical, developmental, and/or mental health
examination or treatment, and may have access to any and all
records, including insurance records regarding such services.
The Medical Consent Act creates a procedure where children can
get the necessary medical care without affecting the rights of the
full-time caregiver, whether it be the child’s parent or a
grandparent who has legal custody.
The Act also protects physicians and insurance providers.
Any person, facility or insurer who in good faith relies on
a medical consent from will not be subject to civil or criminal
liability for treating a minor.
What is the Importance of Medical
Consent?
A grandparent or anyone raising a child who
has already obtained legal custody through the court system
already has the right to consent to that child’s medical care.
Many grandparents raising grandchildren or other caregivers
have only informal custody, not legal custody, or assist the
parents in raising the child at certain times of the day.
For example, a grandmother may serve as caregiver during
the day while a child’s mother is on the welfare-to-work
program. In addition,
a parent with substance abuse or other problems may ask an elderly
relative to care for a child temporarily, but fails to return for
a lengthy period of time -- or never at all.
In these instances, the medical consent document allows the
caregiver to consent to medical treatment and medical care for
children designated in the document.
Designating authorization for medical consent to a
caregiver does not revoke the birth parents’
rights.
It is important to obtain a medical consent from the birth
parent before a medical issue or emergency arises.
It can take time to find a birth parent if the caregiver
has limited contact with the parent.
Having a medical consent prevents the hassles of going to
court and requesting emergency legal custody.
When a grandparent or other elder becomes a primary
caregiver, the medical consent should be completed immediately.
How Do Caregivers Get Medical Consent?
The parent or legal caregiver giving the
authorization may complete a medical consent form, available from
many local organizations, or simply write a statement.
The form or statement must contain the following:
·
identity of the caregiver
·
the names and dates of birth of the children at
issue
·
a description of the medical treatments for which
authorization is given
·
a statement that there are no court orders in effect
which would prohibit the authorization
·
the signatures of the parent, legal guardian, or
custodian, in the presence of two witnesses.
(The caregiver receiving the consent cannot be one
of the witnesses signing.)
The Medical Consent or written statement is not a permanent
document. It can be
revoked at anytime. The
parent can revoke consent by notifying the caregiver, health care
and insurance providers in writing.
Parents, caregivers, heath care and insurance providers can
put a time limit on the consent; however, this is not required by
law.
The medical consent form may not be used if a
child is in the custody of the county children and youth
agency.
Who to Contact for Assistance
If
you want more information or have difficulty with medical
providers accepting this consent form as a legal document, contact
the Support Center for Child Advocates at (215) 925-1913. Medical
consent forms may be obtained by calling or visiting SeniorLAW
Center (215-988-1244) or the
Support Center (112 N. Broad Street, 12th floor,
215/925-1913). It is
always advisable to call first.
SeniorLAW Center assists older adults raising young children in many
ways, including direct legal representation in custody and support
matters, advice and information, and referral to other available
resources and services. If
you would like more information about grandparent custody or
kinship care issues, call SeniorLAW Center’s intake line at
215-988-1242.
Jenny Hellman is a Masters candidate at the University of
Pennsylvania School of Social Work, and is SeniorLAW Center’s 2000-2001
social work intern, assisting clients with social service issues
such as housing, personal planning, and family matters.
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