Question

In: Nursing

Summarize the law in your California regarding the medical emancipation of a minor.

Summarize the law in your California regarding the medical emancipation of a minor.

Solutions

Expert Solution

California's legal ages laws, for instance, establish that an individual reaches the "age of majority,” or the age at which an individual is legally considered an adult, when he or she reaches 18 years of age. The laws also state that children must generally be 14 years of age or older in order to be eligible for emancipation(where a minor is no longer legally under the care of his or her parents).

When it comes to having the capacity to undertake certain legal actions, California law allows a minor to sue to enforce his or her rights -- although a guardian must conduct the actual lawsuit for the minor. In California, except for a few restrictions relating to real and personal property, a minor may also make valid legal contracts. A minor may also consent to medical treatment if he or she is: at least 15 years of age, living apart from parents, and managing his or her own personal finances.

The following chart provides a quick summary of California's legal age laws.

Age of Majority

18 years of age (Fam. §6500)

Eligibility for Emancipation

14 years of age (Fam. §7120), or if married or in military (Fam. §7002)

Minors' Right to Make Contracts?

Yes (Fam. §6700), except he cannot give a delegation of power, or make contracts relating to real property or personal property not in immediate possession or control of the minor (Fam. §6701)

Minors' Right to Sue?

Yes, but must be through a Guardian (Fam. §6601)

Minors' Right Consent to Medical Treatment?

Yes, minor may consent if 15 years or older, living apart from parents, and managing own finances (§6922)


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