Being a parent entails a ton of responsibilities including deciding factors that could affect you or your child. If you are a parent to a child or a minor, it is crucial you know that your consent is ultimately required when it comes to anything that involves them.
Consent is the act of providing affirmation to a process of an action, or the process of providing authority to another person to do the action on your behalf. This is especially useful in the event that the person who is mainly authorized to give consent is indisposed or when the process involves young children.
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However, not everyone is entitled to provide consent. Consent can only be legally enforceable if the person who provides it is in a healthy mental state and is of a sufficiently mature age where he can grasp the meaning and the consequences behind the consent that he is providing. Consent can be required or provided in numerous ways; they are usually prerequisites in medical institutions, government agencies, schools, and organizations.
Consent can be given in verbal or in written form. Verbal consent, however, is not as strongly enforceable as a written form of consent. Putting things into writing is the best way to provide physical evidence that authorization was indeed given by the people in charge. A written form of consent will also hold more water in court in times of legal disputes compared to a verbal consent. You can download our varied types of consent forms available in doc format. Our wide array of sample consent form templates ranges from medical consent forms to photo consent forms and research consent forms.
The Uses of a Consent Form
Because nothing in this world is constant and people can change their minds ever so often, it is essential to have a written consent before conducting any type of procedure. Having a written consent helps to protect everyone’s interest and aids in verifying and ascertaining that an individual really has the right to proceed with an action as long as proper and authentic documents are provided such as a consent form. These forms can be used as a reference in times of disputes. A signed consent form will indicate that the person voluntarily gave permission based on correct and necessary procedures.
The Types of Consent
Consent can be given in different forms. The variety of consent given highly depends on the situation or the purpose of the authority that is needed. A photo consent and a model consent form, for example, provides photographers the right to take photos of people and use them for commercial or non-commercial purposes. This is especially useful in order for photographers to protect themselves from models who might potentially sue them for damages incurred by invasion of privacy. Below are the varying types of consent depending on use and purpose:
Informed consent is a common type of paperwork in medical institutions. Patients are usually asked to provide this form of consent by signing a consent form right after they have been fully informed about the benefits, the risks, and other facts relating to a medical procedure or a medical treatment. A patient who provides informed medical consent should make sure that he or she has fully understood the process and has asked all plausible questions relating to the procedure or the plan of treatment. Nonetheless, if a patient changes his mind in the middle of a medical treatment, he can withdraw his consent to sign paperwork that will prove that the patient refused treatment.
This type of consent is one that is clearly stated verbally or non-verbally. A non-expressed consent can be given with a shake of a head or even a mere a nod. It is important to note, however, that a non-verbal expression of consent will not hold much water in corn ad can be easily disputed as compared to a written consent.
Consent that is implied is consent that is developed based on a person’s actions or on a circumstance. This type of consent is usually related to rules and regulations such as when a driver is driving under the influence. Under US law, driving licenses include a consent clause that allows the police to conduct field sobriety tests to determine if a driver is intoxicated and to disallow him from cruising the streets if he is.
Unanimous consent is also called a general form of consent that is provided by a group of several parties such as in a parliamentary procedure or in the senate.
Substituted consent is consent that is provided by the next person who is in charge due to the inability of the person who has the primary authority to provide consent. An example would be if a child who is travelling with a relative gets into an accident and requires immediate medical attention. If the accompanying adult has a medical consent form for the child, then he will have the authority to make quick and well-thought of decisions on behalf of the child’s parents or legal guardian.
Providing consent is a serious and legal matter. One should make sure that the consent is written in order for it to be enforceable in the court of law. The Consent Forms we provide cater to the different types of consent forms that you need such as Business Consent Forms and Medical Consent Forms. Our sample forms are easy to download and can be easily accessed with the click of a button.
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Because different types of Consent Forms have different uses, Consent Forms are then provided in different forms. Below are the different classifications of Consent Forms:
Informed Medical Consent
Informed consent is consent that is obtained from a person or a patient prior to conducting any form of healthcare intervention or a plan of treatment. Informed consent is collected based on guidelines from the fields of medical and research ethics and should only be given right after the subject of medical scrutiny has been properly informed about the benefits, the implications, and the risks of having to undergo such procedure such as when a patient needs to go through chemotherapy. Chemotherapy is a common treatment plan for patient’s with cancer; however, chemotherapy also has some downsides that could lead to potential health risks such as damage to lung tissue, heart complications, infertility, kidney failure, and a risk of a second cancer.
Before a patient undergoes treatment, he should first sign an Informed Consent Form; however, prior to signing an Informed Consent, he must first be aware and should have the right to the following:
- The right to be clearly and properly informed about the benefits that can be obtained from the treatment as well as the risks that it poses
- The right to know about all the details about other options available for treatment (for cases when the patient does not agree to go through with the initially suggested form of treatment.)
- The risks and benefits of other options for treatment
- The risks and benefits that can be obtained from other treatment options
- The right to ask questions freely and get them answered to their satisfaction
- Ample time should be given to a patient, his family, or counsel to discuss their plan of action
- A patient should be given the freedom to make a decision which he feels is in his own best interest
If you are a patient and you have been asked to sign a medical consent, be sure to ask all the questions that you have in mind prior to affixing your signature to an Informed Consent Form. Remember that a Consent Form is a form of agreement or contract and is legally binding, signing it means that you have properly read or understood the risks and benefits of the suggested treatment plan.
If you do decide to change your mind about the Informed Consent that you have just agreed to, be aware that you also have the right to withdraw it and reject treatment. To do so, the doctor in charge has to be notified of your new decision and you may be asked to sign an Informed Refusal Form afterward.
Who Provides Consent?
Generally, the patient or the person who is supposed to go through treatment should be the one who needs to provide consent. A person has the legal right to make his own medical decisions for as long as he has the following components:
- The ability to make decisions on his own
- The ability to completely understand the information disclosed such as treatment options, tests, procedures, benefits, and risks
- Mentally stable
- Has the ability to provide willful consent
Some situation, however, require consent to be given by a third party. This usually depends on the person’s mental, physical, and emotional state or capacity. Children, for example, are not old or mature enough to make decisions for themselves, a parent or a legal guardian is then considered to be legally responsible for providing Medical Consent for minors or at least for children under the age of 17 and is assigned to obtain information, make medical decisions, and to sign the consent form. However, some facilities do require the consent of older children regardless if consent has already been provided by the parents themselves.
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Child Travel Consent Forms
Traveling can be a fun and adventurous experience for children. However, with the rapid increase of child abduction and human trafficking reports, authorities have been very stringent about implementing rules related to traveling when children are involved.
If you want a smooth-sailing trip with a child without encountering any issues with authorities at the airport, it is best to have a Travel Consent Form handy. Travel Consent Forms are notarized letters that carry the important details needed for a guardian or a parent to be allowed to travel abroad with a child who is at least 16 years old and below.
When to Use A Child Travel Consent Form
- A child who is travelling alone
- A child who is travelling with only one parent
- A child who is travelling with relatives
- A friend of your child who will be travelling with you on vacation
- A parent with a different last name from the accompanying minor
- A teacher travelling with students on a trip
- A caregiver or a guardian of a child and are planning a trip
- A family member, other than a parent, who is travelling with a minor
With the rapid increase of people using smart phones in this digital era, many of us are becoming instant photographers. However, not all of us are aware that taking photos without consent might actually be grounds for legal action.
Taking photos of individuals, especially children, without their consent can be considered as an invasion of privacy. One way to protect yourself from any disputes down the road is to obtain a written form of consent that serves as tangible proof of the subject allowing you to take photographs or video recordings of him.
Photo Consent for Young Children
Using children as the subject of a photograph or a video is a sensitive issue and must therefore always require consent. Acquiring consent ensures that they are aware of their photograph being taken and in what particular way it is going to be used.
Young people below 12 years of age may not be fully mature enough to understand this and will require the consent of a parent, especially if the photograph is to be utilized for marketing or promotion purposes. Consent can be obtained with the use of a Consent Form that serves as tangible proof.
Photo Consent for Young People and Adults
Photographs or videos of young people and adults require consent as well. Make sure that the subjects know that they are being photographed and why. Typically, it is safe to assume that children over 12 years of age can understand the concept of the procedure that they are consenting to. A photographer should be able to properly determine if the child is able to understand what he is consenting to or if a permission from a parent or a legal guardian is needed.
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