How a Mental Health Care Power of Attorney Works in Practice

A. A mental health care power of attorney is effective when it is executed and remains in effect until it is revoked by the principal pursuant to section 36-3285 or by court order. B. Notwithstanding the procedures and requirements prescribed in chapter 5, articles 4 and 5 of this title relating to involuntary court-ordered evaluation or treatment, if the mental health care power of attorney specifically authorizes the agent to admit the principal to an inpatient psychiatric facility and the agent has reasonable cause to believe that the principal is in need of an evaluation or treatment, the agent may apply for admission of the principal for evaluation or treatment at an inpatient psychiatric facility. The agent must present the facility with a copy of the power of attorney that specifically authorizes the agent to admit the principal to an inpatient psychiatric facility. If admission is requested by the agent, the facility to which the agent applies may admit the principal if before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following: 1. Conducts an investigation that carefully probes the principal's psychiatric and psychological history, diagnosis and treatment needs. 2. Conducts a thorough interview with the principal and the agent. 3. Obtains the agent's informed consent, as defined in section 36-501. 4. Makes a written determination that the principal needs an evaluation or will benefit from inpatient care and treatment of a mental disorder or other personality disorder or emotional condition and that the evaluation or treatment cannot be accomplished in a less restrictive setting. 5. Documents in the principal's medical chart a summary of the doctor's findings and recommendations for treatment. C. If a patient admitted to or being treated in an inpatient psychiatric facility under the authority of an agent pursuant to a mental health care power of attorney manifests the desire to disqualify an agent or to revoke a mental health care power of attorney and requests in writing to be discharged from the facility, the facility shall either discharge the patient or initiate proceedings for court ordered evaluation or treatment pursuant to chapter 5 of this title: 1. Within forty-eight hours after the facility receives this request, excluding weekends and legal holidays. 2. On the following court day if the forty-eight-hour period expires on a weekend or holiday. D. The discharge requirement prescribed in subsection C of this section does not apply if the facility is prohibited from discharging the person under federal law or if the principal has been determined to be incapable as defined in section 36-3281, the treating physician believes that further inpatient treatment is necessary or advisable and the agent under the power of attorney has consented to the continued treatment. E. After admission, if the patient refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the agent for treatment, release and discharge decisions pursuant to the agent's authority under the power of attorney. F. The inpatient psychiatric facility licensed by the department of health services shall conduct a review of the principal's condition and need for admission into the facility and assess the appropriateness of the principal's placement at least once every thirty days. The agent may participate in each review. If possible the agent shall participate in person.