• Emergency Situations: In emergency situations, there is not always time to obtain a patient's informed consent, nor is it always possible when the patient is unconscious or unable to communicate.

Example: The federal Food and Drug Administration allows for the use of experimental drugs or devices in emergency situations without informed consent if the community at large knows that the research into the drug or device is going on, a special committee keeps track of the results, and provisions are in place so that the experimental use can be stopped immediately if need be.

Obtaining Consent from Incompetent Individuals and Minors

When a competent adult seeks medical treatment, the process of obtaining informed consent may seem relatively easy. However, in situations where mentally disabled individuals or children need treatment, the ability to obtain informed consent becomes more difficult. In these situations, serious questions arise concerning who is able to give informed consent for those individuals.

• In most cases, a mentally disabled person has an appointed guardian authorized to make medical decisions, informed consent, for that individual. Medical providers need to make sure that when they obtain informed consent for incompetent individuals, they have obtained it from the correct person or persons.

• In most situations, parents can give informed consent for treatment for their minor children.

Note: Some states allow young adults under eighteen to play a more active role in their medical care and treatment, including the process of informed consent. Not every teenager is capable, however, of making informed consent decisions under these laws. Instead, most states focus on "mature minors" sufficiently ready to understand the nature and consequences of treatment. In those states, such young adults may be able to provide consent without consulting with their parents.

Example: Some states have passed specific laws that allow for minors to consent, without parental knowledge or approval, to health care treatments related to substance abuse, mental health, and sexual activity.