"Peculiarities of providing medical care to minors from 0 to 15 years and from 15 to 18 years"
I. Minors (children) from 0 to 15 years.
Without the presence of parents or legal representatives, the provision of medical care to minors is not allowed.
If parents (legal representatives) cannot represent the interests of the child in a medical organization, then in this case the accompanying person (representative / attorney) must have a notarized power of attorney for the child.
Without a power of attorney, neither the grandmother, nor the nanny, nor the older adult brother (sister), nor other relatives and accompanying persons have the authority to represent the interests of a child under 15 years of age in a medical organization.
Representation based on a power of attorney is regulated by Article 182 of the Civil Code of the Russian Federation, and the form of drawing up is regulated by Article 185 of the Civil Code of the Russian Federation.
When visiting a medical organization, any capable adult person who has received authority to replace parental actions can act as a representative/attorney.
!!!To avoid problems, we suggest that parents (legal representatives) fill out a power of attorney in advance.
When providing paid medical services, the contract is drawn up by parents / legal representatives (Transactions on behalf of minors under the age of 15 can be concluded only by their parents, adoptive parents or guardians (clause 1, article 28 of the Civil Code of the Russian Federation)).
Informed voluntary consent to medical intervention is given by the legal representative of a minor (part 1, paragraph 1, part 2, article 20 of the Law of November 21, 2011 N 323-FZ).
The legal representative also has the right to receive information from the attending physician about the state of health of the minor (part 2 of article 22 of Law N 323-FZ).
II. Minors (children) from 15 to 18 years old.
Minors over the age of 15 have the right to independently apply for medical assistance.
When providing paid medical services, a contract can be drawn up by a minor from 15 to 18 years old only with the written consent of parents / legal representatives (clause 1, article 26 of the Civil Code of the Russian Federation).
Informed voluntary consent to medical intervention or refusal of it by a minor from 15 to 18 years old gives independently.
Can independently obtain information about the state of his health and keep this information secret, but according to recent changes in legislation, parents have been given the right to receive information about the state of health of a minor under 18 years of age.
We draw your attention to the desirability of the presence of a legal representative of a child from 15 to 18 years old at the initial appointment with a doctor, since in most cases the child cannot independently assess the need for certain measures regarding his health, cannot always provide reliable information about his own health, availability diseases that may affect the outcome of treatment.
Attention! If you paid for medical services provided to your children (including adopted children) under the age of 18, wards under the age of 18, then you can count on a social deduction for personal income tax (clause 3, clause 1, article 219 of the Tax Code of the Russian Federation) .
