MindWeal Health Joint Custody and App Access Policy

MindWeal Health recognizes that custody arrangements may create practical and legal challenges when coordinating a child’s mental-health care.

This policy explains how guardians are identified during onboarding, how app access and document signing are managed, how another legal guardian may participate in care, how shared treatment decisions must be communicated, what happens when guardians provide conflicting instructions, and when persistent conflict or lack of communication may prevent MindWeal from continuing treatment.

The purpose of this policy is to promote clear communication, respect the legal rights of all guardians, and support safe and consistent care for the patient.

Legal Guardian and Onboarding Requirements

Only a legal guardian or another person legally authorized to act for the patient may create the patient’s MindWeal account and complete the onboarding process.

The person who creates the account will be designated as the Primary Guardian and will automatically be assigned to review and sign the patient’s routine onboarding and treatment documents. Because the onboarding process is automated, it does not provide an option to select a different signer for individual documents.

The Primary Guardian must therefore have legal authority to consent for the patient. The Primary Guardian is responsible for accurately identifying their relationship to the patient, providing the names and available contact information of all other legal guardians, disclosing whether healthcare decision-making authority is shared, and informing MindWeal of any parenting agreement, custody order, guardianship order, order of protection, or other legal document affecting the patient’s care.

When requested, the Primary Guardian must provide MindWeal with a copy of the applicable legal document.

If another person must sign a particular document, if more than one signature is legally required, or if another exception applies, the Primary Guardian must inform MindWeal so that MindWeal can verify legal authority, review the circumstances, and arrange any additional required steps.

MindWeal may request additional documentation whenever a person’s authority to create the account, consent to treatment, sign documents, participate in treatment, or receive information is unclear or disputed.

Primary and Secondary Guardian Designations

The legal guardian who creates the patient’s MindWeal account and completes the onboarding process will be designated as the Primary Guardian. The Primary Guardian manages the patient’s account, serves as MindWeal’s main administrative contact, and is automatically assigned to sign routine onboarding and treatment documents. Any other legal guardian identified in the patient’s record will be designated as a Secondary Guardian.

MindWeal uses the terms Primary Guardian and Secondary Guardian solely for administrative, communication, document-signing, and app-access purposes. These designations do not establish legal custody, give one guardian greater legal rights than another, establish sole healthcare decision-making authority, reduce another guardian’s legal rights, change any rights or responsibilities established by law, or override a parenting agreement, custody order, guardianship order, order of protection, or other controlling court order.

The Primary Guardian designation means only that this person created the account, manages the patient’s app access, receives and signs routine onboarding documents through the automated process, and serves as MindWeal’s main point of contact.

MindWeal App Access

The MindWeal app currently permits only one guardian login for each patient account. The Primary Guardian will therefore manage the patient’s MindWeal account and receive secure messages, appointment reminders, notifications, and other app-based communications. The Secondary Guardian will not have a separate login to the same patient account.

This limitation is administrative and technical only. It does not affect the Secondary Guardian’s legal rights. The Primary Guardian must not represent possession of the app login as evidence of sole custody, sole healthcare decision-making authority, or greater legal status.

Responsibilities of the Primary Guardian

The Primary Guardian is responsible for providing accurate and complete information about all legal guardians and keeping that information current. This includes providing available contact information, informing MindWeal of any legal document affecting the patient’s care, and promptly reporting any change in custody, guardianship, decision-making authority, or communication restrictions.

The Primary Guardian is also responsible for reviewing communications sent through the MindWeal app, responding when a response is required, and sharing appropriate appointment information, treatment updates, instructions, and recommendations with the Secondary Guardian.

When a treatment decision requires agreement from more than one guardian, the Primary Guardian must inform the Secondary Guardian of the recommendation and may communicate the decision to MindWeal as mutually agreed only after the required discussion and agreement have occurred.

Because the MindWeal system does not automatically send all communications to multiple guardians, the Primary Guardian accepts responsibility for keeping the Secondary Guardian appropriately informed.

Rights and Responsibilities of the Secondary Guardian

Although the Secondary Guardian does not have direct access to the MindWeal app, the Secondary Guardian may contact MindWeal by telephone, email, the MindWeal website chatbot, or another communication method approved by MindWeal.

After confirming the person’s identity and legal authority, MindWeal may communicate with the Secondary Guardian and provide information as permitted by applicable law and any controlling court order.

The Secondary Guardian may request information concerning the patient’s care to which they are legally entitled, communicate questions or concerns, participate in treatment discussions and shared healthcare decisions when applicable, and participate in virtual visits when clinically and legally appropriate.

The Secondary Guardian is responsible for providing current contact information, responding to MindWeal communications when necessary, informing MindWeal promptly of any disagreement regarding treatment, participating in required shared decisions, and communicating respectfully with MindWeal staff, providers, and the other guardian.

Scheduling and Financial Responsibility

Either guardian may contact MindWeal to request or schedule an appointment when permitted by the guardian’s legal authority and applicable MindWeal procedures.

Each guardian is responsible for communicating with the other guardian regarding appointments the guardian schedules, changes, cancels, or attends. MindWeal may send routine appointment notifications to the Primary Guardian through the MindWeal account, but such notification does not replace either guardian’s responsibility to communicate directly with the other guardian.

A disagreement between guardians regarding who scheduled an appointment, whether advance notice was provided, or who should pay does not alter the financial responsibility accepted by the person who signed MindWeal’s Financial Policy. MindWeal does not interpret or enforce private payment arrangements between guardians.

Participation in Visits

When clinically and legally appropriate, both guardians may participate in the patient’s appointments.

For an in-person appointment, both guardians may attend separately or together, subject to space, safety, clinical appropriateness, and any applicable court order or legal restriction.

For a virtual appointment, both guardians may participate using the same visit link. Because the Primary Guardian manages the MindWeal account, the Primary Guardian is responsible for sharing the virtual-visit link with the Secondary Guardian when both guardians wish or need to participate.

Participation in an appointment does not independently establish custody, guardianship, healthcare decision-making authority, or a right to receive information beyond what is permitted by applicable law or a controlling court order.

Communication When the Primary Guardian Is Unavailable

The Primary Guardian is ordinarily MindWeal’s main point of contact.

If the Primary Guardian cannot be reached and communication with another legal guardian is reasonably necessary, MindWeal may contact the Secondary Guardian listed in the patient’s record.

This may occur when time-sensitive information must be communicated, MindWeal has been unable to reach the Primary Guardian, shared treatment authority must be clarified, a significant clinical concern requires guardian communication, or another circumstance makes communication with a legal guardian reasonably necessary.

Parenting Agreements and Court Orders

The Primary Guardian must disclose whether a court-ordered parenting agreement, custody order, guardianship order, order of protection, or other relevant legal document exists.

When such a document exists, MindWeal may request a copy to determine who may consent to treatment, whether healthcare decision-making authority is shared, whether one guardian has sole healthcare decision-making authority, whether either guardian’s access or communication is restricted, whether additional consent is required for a treatment decision, and whether MindWeal may communicate with or release information to a particular guardian. MindWeal will follow applicable law and any controlling court order provided to the practice.

MindWeal does not provide legal advice and will not interpret or resolve disagreements concerning the meaning of a parenting agreement or court order. Guardians are responsible for obtaining legal clarification when necessary.

When Another Guardian Was Not Disclosed During Onboarding

MindWeal does not routinely require proof of guardianship from the person who completes onboarding when no concern, inconsistency, or disagreement has been raised.

If another person later contacts MindWeal and states that they are a legal guardian who was not identified in the patient’s chart because the Primary Guardian did not disclose them during onboarding, MindWeal may verify the person’s identity and legal authority, request the applicable parenting agreement or court order, review whether the onboarding information was incomplete or inaccurate, add the person to the patient’s record when appropriate, and determine what information may legally be shared.

Until the person’s identity and legal authority are established, MindWeal may limit disclosure of the patient’s protected health information.

Failure by the Primary Guardian to disclose a known legal guardian is a breach of the Primary Guardian’s responsibilities under this acknowledgment. MindWeal will notify the Primary Guardian of the concern and document the failure in the patient’s administrative record. The breach may be considered when determining whether additional verification, restrictions, corrective action, or discontinuation of services is necessary.

Shared Healthcare Decisions

When guardians share healthcare decision-making authority, the Primary Guardian must communicate only those treatment decisions that have been agreed upon by all guardians whose consent is required.

During onboarding, Primary Guardian signs an acknowledgment, confirming that all known legal guardians have been disclosed to MindWeal, that the other guardian has been informed that the patient is receiving services from MindWeal, that the guardians have agreed to initiate treatment when mutual agreement is required, and that the Primary Guardian will not knowingly present a disputed decision as mutually agreed.

MindWeal may contact another guardian directly or request additional confirmation when a disagreement has been reported, a guardian states that they were not informed or consulted, the provider has reason to believe that required agreement was not obtained, the proposed decision represents a significant change in treatment, or clarification is necessary to provide safe and consistent care.

Conflicting Instructions and Treatment Disputes

If MindWeal receives conflicting instructions from guardians who share healthcare decision-making authority, the disputed nonurgent service will be paused until the guardians reach an agreement or provide documentation establishing who has authority to decide.

A dispute may concern beginning or continuing treatment, starting, stopping, or significantly changing medication, completing advanced testing, following a treatment recommendation, participating in a referral, authorizing release of information, or another significant component of the treatment plan.

MindWeal will provide its clinical recommendation and explain the reasons for that recommendation. However, when mutual agreement is legally required, MindWeal’s clinical recommendation does not replace the guardians’ responsibility to reach a shared decision.

MindWeal will not act as an arbitrator, mediator, custody evaluator, parenting coordinator, or legal decision-maker between guardians.

Optional Conflict-Resolution Process

When a significant disagreement or communication problem arises, MindWeal may, but is not required to, offer additional communication or a joint clinical discussion.

MindWeal may send a joint communication explaining the Joint Custody and App Access Acknowledgement, the administrative meaning of the Primary Guardian and Secondary Guardian designations, the responsibilities of each guardian, the clinical recommendation involved, the need for coordinated decision-making, and what must occur before the disputed service can proceed.

MindWeal may also offer a joint clinical discussion to review the patient’s clinical needs, explain the diagnosis or treatment recommendation, answer questions, clarify misunderstandings, identify the specific area of disagreement, and determine whether the guardians can reach the decision required for treatment to proceed.

MindWeal is not obligated to offer or continue a joint communication or clinical discussion when it determines that the process is unlikely to resolve the disagreement, is being used to continue a personal or legal dispute, is disruptive, is unsafe, or is outside the scope of psychiatric care.

The purpose of any joint clinical discussion is limited to the patient’s psychiatric care. It is not mediation, family therapy, custody evaluation, parenting coordination, legal advice, or legal dispute resolution.

Lack of Communication Between Guardians

Effective care requires reasonable communication between guardians who share healthcare decision-making authority.

Care may be disrupted when the Primary Guardian does not share essential information, the Secondary Guardian refuses to receive or acknowledge necessary information, a guardian repeatedly fails to respond when a decision is required, inaccurate information is provided about another guardian’s involvement, guardians repeatedly give conflicting instructions, or communications with MindWeal are used to continue personal or legal disputes.

MindWeal will make reasonable efforts to explain its expectations and clinical recommendations. However, MindWeal cannot assume responsibility for ongoing communication between guardians outside the practice.

Noncompliance and Discontinuation of Services

MindWeal’s priority is to support the patient’s mental wellness and continuity of care. Guardians are expected to communicate appropriately and comply with this acknowledgment.

MindWeal may determine that continued care is no longer feasible when guardians repeatedly provide conflicting instructions, required shared decisions cannot be reached, important legal or clinical information is not disclosed, essential communications are not shared, a guardian repeatedly refuses to participate in necessary communication, legal authority cannot be clarified, or guardian conflict prevents implementation of a safe and consistent treatment plan.

When persistent conflict, lack of communication, or noncompliance prevents safe, consistent, or clinically appropriate treatment, MindWeal may pause or discontinue services.

MindWeal will follow applicable requirements concerning notice, medication continuity, referrals, and emergency instructions when discontinuing care.