§ 33-6-1002. “Incapable of Making Mental Health Treatment Decisions” Defined
IF AND ONLY IF a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and […]
§ 33-6-1003. Duration of Declaration — Expiration — Revocation
A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of […]
§ 33-6-1004. Signature Required — Witnesses
A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses […]
§ 33-6-1005. Effective Date and Applicability of Declaration — Compliance
A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue […]
§ 33-6-1006. Care Contrary to Declaration — Authorization by Review Committee — Emergency
The physician or other mental health service provider may provide mental health treatment to the service recipient in a manner contrary to the service recipient’s wishes as expressed in a declaration for mental health treatment IF AND ONLY IF The service recipient is involuntarily committed to an inpatient treatment facility under this title and a […]