fundamentals
Default Surrogate Decision Making
Children
In most states, children younger than 18 years old do not have the Capacity to Make Health Care Decisions to give medical consent. Therefore, for most nonemergency medical decisions affecting children and minors, medical care cannot be given without a parent’s or guardian’s consent. The parent’s or guardian’s decision can be overridden only if a court determines that the decision constitutes neglect or abuse of the child. There are two main exceptions. First, emancipated minors can consent to all medical treatments on their own behalf. Second, in most states, minors can consent to certain medical treatments (for example, treatment of sexually transmitted infections, prescriptions for birth control, abortion, treatment of drug and substance use, mental health treatment) without parental permission. Individual state laws vary. 