Competency

Every adult is presumed to be legally competent, i.e., free to exercise all the rights and responsibilities of an adult, until determined and declared otherwise in a court of law. Since adults are presumed by law to be competent, the burden of proof is on those who would claim incompetence. By legal definition, minors (children under the age of 18, ordinarily) are not competent to make major health care decisions or give informed consent. In many states, however, there are some exceptions: minors are allowed to obtain contraception, abortions, and treatment for venereal disease or substance abuse without parental consent. Competency is a legal determination and should not be confused with decision-making capacity.

Return to Issues & Concepts

Return to For the Public - Table of Contents

Return to For Affiliates - Table of Contents