Therapy consent for minors, parents, and guardians

Consent involving a minor requires several separate questions: who receives information, who can make the decision, who legally represents the child, and how the child participates.

Age matters, but it is not the only factor. Spanish Law 41/2002 considers understanding, representation, and specific rules from age 16, with exceptions in serious-risk situations.

Four distinct decisions

1. Who can agree to the proposed intervention?
2. How should the child be informed and heard according to maturity?
3. What lawful basis supports processing health data?
4. Who can authorise optional activities such as online care or session recording?

One general signature should not be treated as the answer to all four.

Before sending a form, verify the adult's legal relationship with the child. Living together, attending an appointment, or paying does not alone prove authority for every decision. Separated families may require review of parental authority and relevant orders.

Even where a representative decides, information should be adapted for the child. Explain in accessible language what sessions are for, what information is kept, the usual limits of confidentiality, and who can answer questions.

Record each participant's identity, relationship to the child, the information provided, the decision, date, and document version. Review the position if guardianship, service format, or capacity changes.

Clara connects the person receiving care, responsible adults, communication preferences, and consent status in one clinical record. See consent management and the adaptable consent form model.

Official sources

• Spanish Law 41/2002, Articles 8 and 9, BOE.
• Spanish Organic Law 3/2018, BOE.

Information reviewed on September 5, 2026.