Arkansas Code § 20-9-602 Explained: Who Can Consent to Medical Care for a Minor?

You searched for the actual text of Arkansas Code § 20-9-602 and found a wall of statutory language on Justia or the General Assembly's website. It lists fourteen categories of people who can consent to medical, surgical, and dental treatment — but it reads like it was written for lawyers, not for grandparents trying to get a child to the pediatrician.

Here is what the statute actually says, in plain language, for each category that matters to kinship caregivers.

The Categories That Apply to Relative Caregivers

Subsection (5) — In loco parentis: Any person standing in loco parentis — "whether formally serving or not" — and any legal guardian or custodian can consent to medical care. This is the broadest category. If you have assumed day-to-day care and control of the child, your facts may fit this category. No court order or written instrument is required by the statute itself. This covers grandparents, aunts, uncles, adult cousins, family friends, and anyone else who has stepped into the parenting role.

Subsection (8) — Adult siblings: Any adult can consent to medical care for their minor sibling. If you are the child's older brother or sister and you are 18 or older, this subsection gives you named authority. It does not require parental absence — the statute says "any adult for his or her minor sibling," period.

Subsection (9) — Grandparents: During the absence of an authorized parent, any maternal grandparent can consent to care for a minor grandchild. Any paternal grandparent can consent if the father is authorized and empowered to consent. The "absence" language means the parent is not available — incarcerated, in treatment, deployed, missing, deceased, or simply not present.

Categories That Apply to the Child Themselves

Subsection (4) — Pregnant minors: A female of any age or marital status can consent to medical care connected to pregnancy or childbirth (excluding abortion under current Arkansas law).

Subsection (7) — Mature minor: An unemancipated minor of "sufficient intelligence to understand and appreciate the consequences" of proposed medical treatment can consent to their own care. Application of this rule is at the treating physician's discretion.

Subsection (14) — McKinney-Vento liaison: A local educational agency's homeless liaison can consent for a minor patient who meets the federal definition of a homeless child or youth, is not in the care or custody of a parent or guardian, and is not in the care or custody of the Department of Human Services. Living with a relative by itself does not satisfy these conditions.

What the Statute Does Not Require

This is where the gap between what institutions demand and what the law says is widest:

• No written form. The statute does not require a signed consent form for a grandparent or in loco parentis caregiver to authorize treatment. In practice, every clinic and hospital uses consent forms — but the legal authority exists whether or not their form has a checkbox for your relationship type.
• No court order. Categories (5), (8), and (9) operate by statute, not by judicial decree. A court order is not a statutory prerequisite to use these categories, though a clinic may ask for records to verify that a category applies.
• No Power of Attorney. A POA is a useful supplemental document, but § 20-9-602 grants consent authority independently of any private delegation.

What the Statute Does Require

The statute says consent may be given "when suggested or directed by a licensed physician." This means the treating provider must be the one recommending or ordering the procedure. The caregiver consents to what the doctor recommends — the caregiver does not independently decide what medical interventions the child receives.

For grandparents under subsection (9), the statute refers to the "absence of an authorized parent." It does not say that every temporary physical absence qualifies. A parent who is incarcerated, in treatment, deployed, missing, or deceased may be unavailable; if the parent's availability or authority is disputed, confirm with the provider or Legal Aid.

How to Use This Statute in Practice

Print the text of § 20-9-602. Highlight the subsection that applies to your relationship. Carry it in the folder with the child's insurance card, birth certificate, and immunization records.

When you arrive at a medical office or hospital and the intake clerk asks about your authority:

1. State your relationship: "I am the child's grandmother and primary caregiver. The parent is not available."
2. If they ask for documentation, show them the highlighted statute and your photo ID
3. If they still refuse, ask to speak with the facility's risk management officer or patient advocate — they are trained on consent law

Most resistance dissolves when the statutory text is in front of the person making the decision. The statute is unambiguous.

For a structured walkthrough of § 20-9-602 organized by caregiver type, with the document checklists and escalation steps for each category, see the School and Medical Consent Guide for Arkansas.

See more Arkansas guides →