Teens Legal 18 Teen

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In Quebec, people become adults in the eyes of the law at age 18. People under 18 are called “minors.” For some decisions, minors are not allowed to act on their own. Instead, their tutors – usually their parents – must do these things for them.
Sometimes teenagers may find it hard to wait until they’re 18. They need more independence, and they need it fast!
This article explains “emancipation”, a legal mechanism that, in some situations, gives teenagers more or less the same rights as an adult.
Two things prevent people under 18 from exercising their rights in the same way as adults: parental authority and tutorship for minors. Emancipation limits or puts an end to tutorship and parental authority.
Parental authority refers to the rights and responsibilities of parents (or someone else who has parental authority) toward their children, from birth to adulthood: custody, supervision and education.
Tutorship for minors is the legal mechanism that protects people under 18. For example, teenagers can’t sue someone in court or rent a commercial space on their own. Their tutors must agree and act for them in legal matters that can seriously impact their financial situations or their lives.
These people can be tutors for a teenager:
There are two types of emancipation:
A teenager who has been emancipated is called an “emancipated minor.”
Usually, teenagers must be at least 16 years old to ask for emancipation. A judge can sometimes make exceptions and order emancipation of younger teenagers.
There must be very good reasons to give such important rights to someone who hasn’t reached adulthood. The law does not simply emancipate teenagers who are upset about their curfews or whose parents forbid them from seeing some people.
Emancipation exists to protect a teenager’s rights in very specific circumstances. Here are some examples:
These examples show that emancipation is a drastic solution for dealing with very particular situations, which often have to do with youth protection. It is generally provided to older teenagers close to adulthood who are very mature and can take on important responsibilities.
With simple emancipation, teenagers are no longer under the authority of their parents or tutors. Therefore, the parents do not have the duties of custody, supervision and education. For example, once the duty of custody no longer exists, teenagers do not have to live with their tutor and will not be considered runaways.
Under simple emancipation, teenagers can do some things alone that would otherwise need their tutors’ involvement. For example, under simple emancipation, minors do not have to be represented by their tutors when exercising their civil rights. They can therefore sign contracts and defend their own rights.
However, the tutor of a teenager who has obtained simple emancipation still has the duty to advise and supervise acts that could seriously affect the teenager’s financial situation. For example, the tutor will get involved if the teenager wants to refuse an inheritance or plans to accept a gift that comes along with a heavy burden. This could be, for example, the gift of a cottage that requires the owner to repair the balcony and clear the access routes every year.
A teenager who has obtained simple emancipation cannot take out a major loan, such as a mortgage, without permission from a court. The court makes its decision after consulting the tutor.
There are two ways for a teenager to get simple emancipation:
With the tutor’s permission, a teenager who is at least 16 years old can file a declaration of emancipation with the Public Curator. The declaration must include the teenager’s written request for emancipation and the tutor’s consent.
The declaration must also include the agreement of the tutorship council. The tutorship council is made up of the teenager’s relatives and family friends (or of just one person in some cases). Its role is to supervise the tutor and make sure this person is acting in the best interest of the teenager if the tutor is not the teenager’s parent or if the teenager owns property worth $25,000 or more.
It is quite rare for the parents of a 16-year-old to file together a declaration of emancipation with the Public Curator.
A tutor who agrees with the legal acts the teenager wants to carry out usually does them for the teenager instead of going through emancipation. It is a simpler way to achieve the same result.
Teenagers can apply for simple emancipation on their own. This happens, for instance, when the tutor does not agree to the emancipation. A judge will look at reasons to make sure emancipation is in the teenager’s best interest. The judge will listen to what the tutor has to say, as well as to the opinion of the tutorship council, if there is one.
Teenagers usually qualify for legal aid due to their limited income. This means they will be assigned a lawyer to help them through the process. To learn more, visit the website of the Commission des services juridiques (legal aid).
With full emancipation (as with simple emancipation), teenagers are no longer under the authority of their parents or tutors. It gives teenagers full legal capacity, including certain rights and duties usually reserved for adults. Therefore, emancipated minors can sue their parents for support, make a will, sign a lease, buy, rent, sell, or take out a mortgage, just like adults.
However, not all of a teenager’s rights are affected by emancipation. Please refer to the question “Does an emancipated minor have all the same rights as an adult?”
Teenagers can get full emancipation in two ways:
Teenagers who get married are automatically fully emancipated. This doesn’t mean that they can run off and get married just to have the same freedoms as an adult. By law, teenagers must have the court’s permission to marry. Also, the minimum age for marriage is 16.
Teenagers can also apply for full emancipation on their own. The judge will determine whether there are serious reasons for emancipation and whether it is in the teenager’s best interest. The judge will listen to what the tutor has to say, as well as to the opinion of the tutorship council, if there is one.
Teenagers usually qualify for legal aid due to their limited income. This means they will be assigned a lawyer to help them through the process.
No. Emancipated minors only have certain rights, including those found in the Civil Code of Québec, such as signing contracts, living away from their parents, making a will or suing someone. Emancipated minors can also obtain a driver’s licence without their parents’ permission. Fully emancipated minors are entitled to welfare payments, etc.
Emancipation has no effect on a teenager’s rights under other laws. For example, emancipated minors do not have the right to vote, buy cigarettes or go to bars. Also, emancipated minors will not be tried as adults if charged with a crime.
Éducaloi provides general information about the law that applies in Québec.
This is not a legal opinion nor legal advice.
To find out the specific rules for your situation, consult a lawyer or notary.
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Suitable for 12-18 years
Teenage health care: your child’s rights and responsibilities
As children mature they’ll become more responsible for different parts of their life, including their health care. It might be tricky to find a balance between guiding your child’s health care needs and encouraging your child to be independent.
The balance will keep changing too. The health care guidance your child needs at 12-14 years will be different from what they need when they're 15-17 years or 18-19 years.
While your child is still in early adolescence, it can be a good idea for them to see the GP alone for part of a consultation. Together you and your child can work out when the time is right for your child to start developing independence in this part of their life.
As your child matures, health professionals like GPs, specialists, psychologists, physiotherapists and dentists will start taking into account your child’s opinions and ability to make independent health care decisions. In fact, the law recognises that teenagers become more able to make health care decisions as they move towards adulthood.
In Australia parents and teenagers both have rights to consent to a teenage child’s treatment.
Your child’s rights around 14-16 years
At around 14 years, young people can consent to simple health care treatments without involving parents or guardians. This means your teenager can start making decisions by themself and for themself, if health professionals believe your child can understand:
Your child’s rights from 16 years
From the age of 16 years, your child can consent to medical and dental treatment with the same authority as an adult. But your child doesn’t have an automatic right to refuse medical treatment, particularly life-saving treatment.
Your rights as a parent
As a parent, you have rights in relation to your child’s treatment. Parents or health professionals can mount a legal challenge if a teenager has refused medical treatment in life-threatening circumstances.
If the legal position of consent isn’t clear, or if there is a dispute about treatment, the court can make a decision based on the ‘best interests’ of the child.
Health professionals will encourage your child to talk to you. You’ll always be contacted if a health professional thinks your child isn’t mature enough to consent to their own treatment.
In general, when your child is 18 years old they're considered to have full legal capacity to give consent to and refuse medical treatment.
Confidentiality means keeping health and personal information private and safe. Health information includes things that people and health professionals talk about, and things that professionals write in computer files or on paper, as well as treatment details.
In most situations, doctors and other health professionals can’t tell anybody else – including you – what your child tells them during a consultation, unless your child says that it’s OK. Sometimes health professionals ask patients to sign a consent form before they contact or talk with family or other professionals.
Confidentiality is a legal requirement for doctors and other health professionals, but confidentiality may be broken.
Health professionals may break your child’s confidentiality if they believe that your child is:
Confidentiality may also be broken for legal reasons like a court subpoena or other statutory requirements like child protection. This would only happen in very serious cases.
Where possible health professionals will talk with your child about breaking confidentiality beforehand, to explain what they’ll share, who they’ll tell and why.
Confidentiality is one of the biggest concerns for teenagers. If they feel that confidentiality might be broken, it can stop them from seeking help.
Private time with health professionals can help teenagers feel confident to talk about personal issues. It can also build trust between health professionals and teenagers.
You can help your child feel comfortable about seeking help by respecting their right to privacy and talking about confidentiality.
Your child can take responsibility for their own health care by:
All health professionals keep records of appointments. These records are kept confidentially, and there are laws and guidelines about how they’re shared.
Your child’s My Health Record
Australia has a national electronic My Health Record system. This is a secure, personally controlled online summary of a person’s health information.
From the age of 14 your child can control what goes into this record and who has access to it. The e-Health record allows your child and their doctors, hospitals and other health professionals to view and share your child's health information.
Sharing your child’s health information
So your child can get the best possible health care, health professionals might need to share information with treatment team members.
Health professionals share information only when it benefits your child’s treatment and care. Professionals will usually ask for your child’s permission to share information. If there are particular things your child doesn’t want to be shared, encourage your child to tell health professionals.
In public hospitals relevant health care information can be shared among treating health professionals (without formal consent) when it helps patient care – for example, test results and information about treatments or interventions.
Public hospitals also usually pass on relevant information about treatment to the patient’s GP – for example, information about visits to emergency departments or hospital admissions.
Sharing health information between public and private services or between private health professionals needs your child’s permission.
If your child has any concerns about privacy, confidentiality, type of treatment, length of treatment or the way they're being treated, it’s best if your child raises them with the health professional at the time.
If this doesn’t sort out the concern, your child can lodge a complaint through the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA manages the governing boards of many health professions.
Your child can also contact the Australian Healthcare Complaints Commissioner for your state or territory. This agency can look into complaints about medical and health care.
Medicare is Australia’s universal health care scheme, funded by the Australian Government. It gives all Australian citizens access to a wide range of health services at little or no cost.
You need a Medicare card to get Medicare benefits. Your child can get his own Medicare card when he’s 15, or younger if you ask for it. Your child can also choose to stay on your family Medicare card and have a copy made to keep with him.
Bulk billing is when Medicare pays the whole cost of seeing a health professional, but not all health professionals and services use bulk billing. If your child is making their own medical appointments, remind your child to ask whether the service or professional bulk bills. If they don’t, your child can ask whether they can get a Medicare rebate.
A Medicare rebate is when you pay a fee to see a health professional and then get part of the fee or the whole fee back from Medicare. Many GPs and specialists reimburse Medicare rebates when you see them, providing you’re registered with Medicare.
There’s often a gap between what health professionals charge and what Medicare pays. This is called a ‘gap fee’ and varies depending on what the health professional charges.
This article was developed in collaboration with the Youth Health and Wellbeing Team, NSW Kids and Families (formerly Centre for the Advancement of Adolescent Health).
Australian Commission on Safety and Quality in Health Care (2012). Short guide to the open disclosure standard review report. Sydney: ACSQHC. Retrieved 7 September 2018 from http://www.safetyandquality.gov.au/wp-content/uploads/2013/05/Short-Guide-to-the-Open-Disclosure-Standard-Review-Report-Final-Jun-2012.pdf.
Australian Commission on Safety and Quality in Health Care (2008). The Australian charter on health care rights: A guide for patients, consumers, carers and families. Sydney: ACSQHC. Retrieved 7 September 2018 from http://www.safetyandquality.gov.au/wp-content/uploads/2009/01/A-guide-for-patients-consumers-carers-and-families-v3.pdf.
Australian Medical Association (2016). AMA code of ethics. Canberra: AMA. Retrieved 7 September 2018 from https://ama.com.au/system/tdf/documents/AMA%20Code%20of%20Ethics%202004.%20Editorially%20Revised%202006.%20Revised%202016.pdf?file=1&type=node&id=46014.
Australian Medical Association (2015). Medical professionalism 2010. Revised 2015. Canberra: AMA. Retrieved 7 September 2018 from https://ama.com.au/position-statement/medical-professionalism-2010-revised-2015.
Australian Psychological Society (2012). APS charter for clients of psychologists. Melbourne: APS. Retrieved 7 January 2019 from https://www.psychology.org.au/getmedia/5fb479bb-4ab8-49f3-a9eb-1a76a3779ef4/APS-Charter-for-clients.pdf.
Butler, A.M., Weller, B., & Titus, C. (2015). Relationships of shared decision making with parental perceptions of child mental health functioning and care. Administration and Policy in Mental Health and Mental Health Services Research, 42(6), 767-774. doi: 10.1007/s10488-014-0612-y.
Coyne, I., O’Mathúna, D.P., Gibson, F., Shields, L., Leclercq, E., & Sheaf, G. (2016). Interventions for promoting participation in shared decision‐making for children with cancer. Cochrane Database of Systematic Reviews 2016, 11, CD008970. doi: 10.1002/14651858.CD008970.pub3.
Hein, I.M., De Vries, M.C., Troost, P.W., Meynen, G., Van Goudoever, J.B., & Lindauer, R.J.L. (2015). Informed consent instead of assent is appropriate in children from the age of twelve: Policy implications of new findings on children’s competence to consent to clinical research. BMC Medical Ethics, 16(76 ). doi: 10.1186/s12910-015-0067-z.
Hein, I.M., Troost, P.W., Lindeboom, R., Benninga, M.A., Van Goudoever, J.B., & Lindauer, R.J.L. (2015). Key factors in children’s competence to consent to clinical research. BMC Medical Ethics, 16(74). doi: 10.1186/s12910-015-0066-0.
International Council of Nurses (2012). The ICN code of ethics for nurses. Geneva: ICN. Retrieved 7 September 2018 from https://www.icn.ch/sites/default/files/inline-files/2012_ICN_Codeofethicsfornurses_%20eng.pdf.
Michaelson, V., McKerron, M., & Davison, C. (2015). Forming ideas about health: A qualitative study of Ontario adolescents. International Journal of Qualitative Studies on Health and Well-being, 10, 27506. doi: http://dx.doi.org/10.3402/qhw.v10.27506.
Physiotherapy Board of Australia (2014-18). Codes and guidelines. Canberra: PBA. Retrieved 8 July 2016 from www.physiotherapyboard.gov.au/Codes-Guidelines.aspx.
Ruhe, K.M., Wangmo, T., Badarau, D.O., Elger, B.S., & Niggli, F. (2015). Decision-making capacity of children and adolescents: Suggestions for advancing the concept’s implementation in pediatric healthcare. European Journal of Pediatrics, 174(6), 775-782. doi: 10.1007/s00431-014-2462-8.
Independence in teenagers: how to support it
To achieve independence, teenagers need freedom to try new things, firm and fair family rules, good decision-making skills, and your guidance and support.
Shifting responsibility to your child: teenage years
As children get older, they want and need more responsibility. Here are ideas for giving teens the right amount of responsibility at the right time.
Mental health assessment: pre-teens and teenagers
Worried about your teenager’s mental healt
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