§327G-1 Purpose. The State finds that all competent persons have the fundamental right to control decisions relating to their own mental health care, including the decision to accept or refuse all types of mental health treatment. The rights of individuals shall be respected when they have lost the capacity to participate actively in decisions regarding […]
§327G-10 Obligations of health care providers; limitations on liability. (a) The supervising health care provider, health care provider, or health care institution shall continue to obtain the principal’s informed consent to all mental health treatment decisions when the principal has capacity to provide informed consent or refusal. Unless the principal is deemed to lack capacity […]
§327G-11 Statutory damages. (a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal’s estate for damages of $500 or actual damages resulting from the violation, whichever is greater, and reasonable attorney’s fees. The damages payable in this section shall be in […]
§327G-12 Effect of copy. A copy of an advance mental health care directive, revocation of an advance mental health care directive, or designation, revocation, withdrawal, or rescission of withdrawal of an agent has the same effect as the original. [L 2004, c 224, pt of §2]
§327G-13 Judicial relief. (a) On petition of a principal, the principal’s agent or guardian, a health care provider, or a health care institution involved with the principal’s care, any court of competent jurisdiction may enjoin or direct a mental health care decision or order other equitable relief. A proceeding under this section shall be governed […]
§327G-14 Optional form. The following sample form may be used to create an advance mental health care directive. This sample form may be duplicated, or modified to suit the needs of the person. Any written document that contains the substance of the following information may be used in an advance mental health care directive: “ADVANCE […]
§327G-2 Definitions. Whenever used in this chapter, unless the context otherwise requires: “Advance mental health care directive” means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. “Agent” means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a […]
§327G-3 Advance mental health care directive; designation of agent. (a) A competent adult or emancipated minor may make a written advance mental health care directive declaring preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to, or refusal of, mental health treatment. An advance mental health care directive may be […]
§327G-4 Revocation of advance mental health care directive. (a) A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of an agent or alternate agents, at any time and in any manner that communicates intent to revoke. The principal shall give notice […]
§327G-5 Authority and duty of agent; limitations on liability. (a) The authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination made under section 327G-7 that the principal has recovered capacity, unless otherwise specified in the advance mental health care directive. (b) […]
§327G-6 Withdrawal of agent; rescission of withdrawal. (a) An agent may withdraw by giving notice to the principal, if the principal has capacity at the time. If the principal lacks capacity, the agent may withdraw by giving notice to the supervising health care provider or health care institution. The supervising health care provider or health […]
§327G-7 Presumption of capacity; determination of lack of capacity; recovery of capacity. (a) A principal is presumed to have capacity to make mental health care decisions and to execute or revoke an advance mental health care directive or power of attorney designating an agent. Even if the principal has an advance mental health care directive, […]
§327G-8 Limitations on applicability of advance mental health care directive. (a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal’s preferences and instructions as expressed in an advance mental health care directive only: (1) When a court […]
§327G-9 Decisions by guardian. (a) A duly appointed guardian for the principal shall comply with the principal’s preferences or instructions expressed in the advance mental health care directive and shall not revoke the principal’s advance mental health care directive, unless otherwise expressly authorized by a court of competent jurisdiction. (b) Absent a court order to […]
