Fundamentals of Nursing Q 56
Which criterion is needed for someone to give consent to a procedure?
A. An appointed guardianship
B. Unemancipated minor
C. Minimum of 21 years or older
D. An advocate for a child
Correct Answer: A. An appointed guardianship
A guardian has been appointed by a court and has full legal rights to choose management of care. A situation may arise in which a patient cannot make decisions independently but has not designated a decision-maker. In this instance, the hierarchy of decision-makers, which is determined by each state’s laws, must be sought to determine the next legal surrogate decision-maker. If this is unsuccessful, a legal guardian may need to be appointed by the court.
Option B: An exception to this rule is a legally emancipated child who may provide informed consent for himself. Some, but not all, examples of an emancipated minor include minors who are (1) under 18 and married, (2) serving in the military, (3) able to prove financial independence, or (4) mothers of children (married or not).
Option C: Children (typically under 17) cannot provide informed consent. As such, parents must permit treatments or interventions. In this case, it is not termed “informed consent” but “informed permission.” Legislation regarding minors and informed consent is state-based as well. It is important to understand the state laws.
Option D: An advocate for the child is not legally appointed by the court. Several exceptions to the requirement for informed consent include (1) the patient is incapacitated, (2) life-threatening emergencies with inadequate time to obtain consent, and (3) voluntary waived consent. If the patient’s ability to make decisions is questioned or unclear, an evaluation by a psychiatrist to determine competency may be requested.