I. Minors (children) from 0 to 15 years old.
Medical care for minors is not allowed without the presence of parents or legal representatives.
If the 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 certified power of attorney from the parents (legal representatives).
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 on the basis of a power of attorney is regulated by Article 182 of the Civil Code of the Russian Federation, and the form of compilation by Article 185 of the Civil Code of the Russian Federation.
When visiting a medical organization, any legally capable adult 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 only be concluded by their parents, adoptive parents or guardians (п. 1 ст. 28 ГК РФ)).
Informed voluntary consent to medical intervention is given by the legal representative of the minor (ч. 1,п. 1 ч. 2 ст. 20 от 21.11.2011 N 323-ФЗ).
The legal representative also has the right to receive information from the attending physician about the health status of a minor (ч. 2 ст. 22 Закона N 323-ФЗ).
II. Minors (children) from 15 to 18 years old.
Minors over the age of 15 have the right to seek medical care on their own.
When providing paid medical services, the contract can be issued to minors from 15 to 18 years old only with the written consent of their parents/legal representatives (п. 1 ст. 26 ГК РФ).
An informed voluntary consent to medical intervention or refusal of it is given by a minor from 15 to 18 years of age independently.
He can independently receive information about his health status and keep this information secret, but according to the latest legislative changes, parents have been given the right to receive information about the health status 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 doctor's appointment, since in most cases the child cannot independently assess the need for certain measures regarding his health, cannot always give reliable information about his own health, the presence of diseases that may affect the result of treatment.
Attention! If you have paid for medical services provided to your children (including adopted ones) under the age of 18, wards under the age of 18, then you can count on a social deduction for NDFL (пп. 3 п. 1 ст. 219 НК РФ).
