Yellowstone Surgery Center

Guardianship Information

Legal Requirements for Providing Informed Consent Involving Underage Patients

  Requirements for Surgical Informed Consent

Many children live with adult caregivers other than a biological parent. We understand at Yellowstone Surgery Center that in many cases, the child and the caregiver have a relationship similar and as real as a biological parent, but not recognized by the law. However, Montana law is very clear on the requirements for surgical informed consent involving a child and special procedures must be followed in these cases.

Procedure FAQs Procedure Cancelation Reasons


Providing Consent

Consent can only be given by the legal guardian or biological parent of the child for a surgical procedure. If you are the legal guardian or biological parent of the child you must be available to consent for both the surgery and anesthesia.


Questions / Procedure cancelation

If you have questions regarding your ability to provide informed consent on behalf of the child these issues must be addressed in advance of the surgery date. If the issues are not resolved to the satisfaction of your provider in advance of the surgery date the surgery will be canceled and not rescheduled until after the issues are addressed.