37.2-805.1 - Admission of incapacitated persons pursuant to advance directives or by guardians.
§ 37.2-805.1. Admission of incapacitated persons pursuant to advancedirectives or by guardians.
A. An agent for a person who has been determined to be incapable of making aninformed decision may consent to the person's admission to a facility for nomore than 10 calendar days if (i) prior to admission, a physician on thestaff of or designated by the proposed admitting facility examines the personand states, in writing, that the person (a) has a mental illness, (b) isincapable of making an informed decision, as defined in § 54.1-2982,regarding admission, and (c) is in need of treatment in a facility; (ii) theproposed admitting facility is willing to admit the person; and (iii) theperson has executed an advance directive in accordance with the Health CareDecisions Act (§ 54.1-2981 et seq.) authorizing his agent to consent to hisadmission to a facility and, if the person protests the admission, he hasincluded in his advance directive specific authorization for his agent tomake health care decisions even in the event of his protest as provided in §54.1-2986.2. In addition, for admission to a state facility, the person shallfirst be screened by the community services board that serves the city orcounty where the person resides or, if impractical, where the person islocated.
B. A guardian who has been appointed for an incapacitated person pursuant toChapter 10 (§ 37.2-1000 et seq.) may consent to admission of that person to afacility for no more than 10 calendar days if (i) prior to admission, aphysician on the staff of or designated by the proposed admitting facilityexamines the person and states, in writing, that the person (a) has a mentalillness, (b) is incapable of making an informed decision, as defined in §54.1-2982, regarding admission, and (c) is in need of treatment in afacility; (ii) the proposed admitting facility is willing to admit theperson; and (iii) the guardianship order specifically authorizes the guardianto consent to the admission of such person to a facility, pursuant to §37.2-1009. In addition, for admission to a state facility, the person shallfirst be screened by the community services board that serves the city orcounty where the person resides or, if impractical, where the person islocated.
C. A person admitted to a facility pursuant to this section shall bedischarged no later than 10 calendar days after admission unless, within thattime, the person's continued admission is authorized under other provisionsof law.
(2009, cc. 211, 268.)