Q: Can grandparents take your children to a doctor without parental consent or without guardianship papers? I
Is it legal for a doctor to treat a minor without parental consent or guardianship papers? My case is really more complicated than this, all I need are someone to help me!!!!!
A: Maybe. If the grandparents have been exercising informal custody of the child, which is called "in loco parentis," for example if a parent left the child with the grandparents for an extended period of time, then yes, the grandparents can authorize medical care. If its a medical emergency and the parents can't be contacted, then yes. But otherwise, no, not without a health care power of attorney signed by the parent/parents or a court order granting the grandparent custody or guardianship. Here is an article on this topic from the UNC School of Government, which conducts training and research for NC court judges. http://www.sog.unc.edu/sites/www.sog.unc.edu/files/MooreMinorsTxFeb07.pdf
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