Community Grievance Decision Digest
GUARDIANSHIP
THE LAW:
"In the case of a minor,
the written, informed consent
[for medication or treatment] of the parent
or guardian is required. Except
as provided under an order issued [by a mental health review officer or a
court] under s. 51.14(3)(h) or (4)(g), if the minor is 14
years of age or older, the written, informed
consent of the minor and the
minor's parent or guardian is required.
A refusal of either a minor or 14 years of age or older or the
minor's parent or guardian to provide written, informed consent for
outpatient mental health treatment is reviewable under s. 51.14."
§ 51.61(6), Wis. Stats. [Emphasis
added.]
"Any informed consent which is required under [sec.51.61] sub. (1)(a) to
(i) may be exercised by the
patient's legal guardian if the patient has been adjudicated
incompetent and the guardian is so empowered, or by the parent
of the patient if the patient is a minor."
§ 51.61(8), Wis. Stats. [Emphasis
added.]
DECISIONS
-
The
individual’s right to treatment includes specific protocols as
necessary to ensure health and sanitary living conditions. The
treatment needs of the client need to be considered and clearly
documented in the contract between the county and any contract
agencies, with a plan for monitoring and updating those treatment
goals. Any barriers to
achieving these needs must be documented, the guardian must be
informed, and a plan to resolve such issues needs to be implemented.
These treatment protocols are an essential feature for the
treatment and management of the client, and they are an integral part
of the client’s right to prompt and adequate treatment.
(Level III Decision in Case No. 03-SGE-04 on 6/15/04.)
- [Note from the Client Rights Office:
A person under guardianship may still file his or her own
patient rights complaints. The
guardian’s consent is not required.
The guardian should, however, be informed of any complaint
involving the guardian’s ward.]
Last Updated: November 07, 2006 |
