A Minor Contract

According to Beauchamp and Childress, the principle of autonomy asserts that a capable and competent individual is free to determine, and to act in accordance with, a self-chosen plan (Beauchamp and Childress as cited in Keating and Smith, 2010). Determining a patient's competence is critical in striking a proper balance between respecting the autonomy of patients who are capable of making informed decisions and protecting those who are not fully capable (Appelbaum, 2007). Tagging children incompetent solely on the basis of their age and not involving them in decision making regarding their health is violation of children's human right. Obtaining consent from parents, rather than children, negates one of the most important principles of medical ethics, which is patient autonomy. Nurses are obligated to promote the health of children by embracing children's right. Nurses' duties which stem out of respect for autonomy include both duties to ensure children's self determination is respected and to refrain from practices that interfere with the children's right of decision making (CARNA,

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

Ethical dilemmas can appear in various settings and with a variety of different clients. For instance, a 15-year-old boy, a regular client, who is dealing with depression comes in to an appointment with blurry eyes and a slurred speech. He confides in you that his is under the influence of ecstasy and crystal meth because his friends convinced him to try it. He’s worried that he will become addicted and is asking for your help with his drug abuse. You tell him about a program with other teens who have depression and substance abuse issues that is publicly funded. He agrees to enroll in the program but he doesn’t want his parents to know about it. Since your client is under 18, you are debating if you can allow him to give consent to enroll in the program without his parent’s permission (acssw.org).

Tennessee State Law says “… children under age 18 may receive certain types of medical treatment without their parents’ consent. Such treatments are limited to those for family planning (i.e., birth control or abortion), sexually transmitted infections (STIs), mental health, HIV/AIDS, or alcohol or drug rehabilitation.” (1) As a member of the Tennessee Medical office staff it is your responsibility to be aware of any Tennessee state and county rules that may affect your requests for minor children’s treatment. If you are unsure of whether or not you need a parent consent form for any minor children being seen at our facility, it is your duty to consult a supervisor.

The ethical issues involved in this topic include age limits, medical ethics, informed consent, and autonomy. It is unethical and immoral to allow adolescents to make their own medical decisions, because the judgment and capacity to make coherent decisions is unstable. However, adolescents should be involved and have a voice in the process of decision making, nonetheless I believe that the concluding medical decision should be made by the guardian and the doctor. An adolescent is between the ages of thirteen and nineteen. Society permits the legal determination of decision making for health care at the age of eighteen years. It is very important to consider developmental issues which will influence both reasoning and information processing, the brain not being fully developed causes a sense of a lost identity, and low self esteem challenges adolescents to develop a logical decision. An adolescent brain is not yet fully developed, the lack of grey matter and an

However, in order to best communicate informed consent, counselor can educate their students through school handbooks, brochures, classroom curriculum, and informing students verbally (p. 2). Confidentially looks different in terms of working with minors, when assessing a situation for serious and foreseeable harm. A counselor must consider students’ chronological and developmental age. As well as the setting, parental rights, and the nature of harm possible. Additionally, school counselors need to consider students’ ethical rights to make their own choices, and to give assent or consent, and the legal rights of the students’ parents and families to make choices for their child (p. 2).

Canadian health care consent act, (1996) says that, there is no treatment without informed consent and it must be related to the proposed treatment, it must be given voluntarily and must not be obtained through misrepresentation or fraud. There is a different provision for a person who is deemed incapable to give consent. If a person is not competent to give consent, it may be given or refused on his/her behalf by a substitute decision maker. There is no specific age for children to give consent in Ontario but health care providers must assess the decision-making capacity of a child before proceeding with the treatment. There is exclusion too i.e. when informed consent is not mandatory. In an emergency situation informed consent could be withheld, where the person is experiencing severe suffering or he/she is at risk of life, if the treatment is not administered promptly and if there is no substitute decision maker to make decision on behalf of the patient. (HCCA,

In regards to informed consent, the mature minor doctrine requires the physician or other healthcare provider to make determinations on a case by case basis. The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional

The healthcare team will observe the legal statutes of the state of California when administering care to minor patients. Minor patients are any patients under the age of 18 at the time that services are rendered. In the state of California, minors of any age may consent to medical care related to pregnancy, contraception, abortion, emergency medical service, sexual assault and rape services (this office maintains that minors under 12 can not be expected to give consent to any sexual act* and the attending physician should notify the medical office manager immediately before the minor patient leaves) and skeletal X-ray to diagnose child for abuse or neglect (the physician doesn't need either the minor's or the parent's permission in this instance) without parental permission and the physician can not inform the parents without the minor's consent. Further, minors age 12 years and older may obtain outpatient mental health services, diagnosis and/or treatment for infectious, contagious communicable disease and sexually transmitted disease, HIV/AIDS testing and treatment, rape and alcohol and drug abuse treatment without parental/guardian consent. When

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Many people are unsure of the rights granted to minors because of the laws in place, or the lack of laws in place. In fact there are laws, such as the Privacy Act of 1988 that could be a reason people are confused about the rights minors have to confidentiality. This act is directly described in a professional practice article when Bird (2007), stated that an adolescent’s health information can be released to a guardian, but in circumstances where a minor is capable of making their own medical decisions, they should be allowed to do so (p. 655). Bird further explained that “If an adolescent is able to consent to their own medical treatment, then they are

There are many legal and ethical situations that healthcare providers will be faced with when providing medical treatment to either a child or an elderly adult. While there is often much discussion regarding the elderly and do not resuscitate orders, there are often times when the decisions for health care of a child may be overlooked. Some of the legal issues that may be faced by healthcare professionals are informed consent, confidentiality, reproductive services and child abuse. Patients have the right to decide what is done to their own bodies, but for children under eighteen, their parents decide for them. A major issue faced by healthcare professionals is parental refusal for treatment. Healthcare providers will be faced with many conflicting ethical and legal situations regarding refusal of a minor’s healthcare and treatment. These issues

The popular belief among our society has always been “Parents know what's best”. While their kids are young, parents know how to make their medical decisions for them. Parents know what's best for their children, they know how to keep them safe and healthy. However, their children soon turn into teenagers who should be trusted to make their own choices regarding their health care. They’re no longer the children they once were; they can comprehend the extension of every decision they make. Services and treatments should not be restricted to them because of their age or need for parental consent. Teenagers should be given confidential health care and should be trusted to make the choices that regard themselves. They should be allowed the privacy from everyone, including their parents make those choices.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

There are exceptions to the rule of entering a contract which includes minors, people with a mental illnesses, or who are under the influence of alcohol. These groups of people are seen as having no capacity, or incapacity. If any of these issues are present at the time they are entering in to the contract then it can then be seen as unenforceable or will be queried. Under the Family Law Reform Act 1969 a minor is seen as a person under the age of 18. The main statute which minors are governed by is the Minors’ Contract Act 1987. It states ‘a contract made by a minor is not void; and although the minor is not normally bound, the other party will be.’ Minors are seen as having limitations when entering in to contracts, and therefore there are some immunities to the rule. This includes necessaries and none necessaires, voidable contracts, or non-binding contracts which have been ratified. In terms of the necessaries, The Sale of Goods Act 1979 says that ‘goods suitable to the condition