{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1101.html"}],"law_id":60379,"edition_id":1,"section_id":60379,"structure_id":15593,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","history":"1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751; 2009, cc. 813, 840; 2012, cc. 115, 378, 476, 507.","full_text":"A\n\nAn appropriate circuit court or district court judge or special justice may authorize treatment for a mental or physical disorder on behalf of an adult person, in accordance with this section, if it finds upon clear and convincing evidence that (i) the person is either incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder and (ii) the proposed treatment is in the best interest of the person.B\n\nAny person may request authorization of treatment for an adult person by filing a petition in the circuit court or district court or with a special justice of the county or city in which the person for whom treatment is sought resides or is located or in the county or city in which the proposed place of treatment is located. Upon filing the petition, the petitioner or the court shall deliver or send a certified copy of the petition to the person for whom treatment is sought and, if the identity and whereabouts of the person’s next of kin are known, to the next of kin.C\n\nAs soon as reasonably possible after the filing of the petition, the court shall appoint an attorney to represent the interests of the person for whom treatment is sought at the hearing. However, the appointment shall not be required in the event that the person or another interested person on behalf of the person elects to retain private counsel at his own expense to represent the interests of the person at the hearing. If the person for whom treatment is sought is indigent, his counsel shall be paid by the Commonwealth as provided in § 37.2-804 from funds appropriated to reimburse expenses incurred in the involuntary admission process. However, this provision shall not be construed to prohibit the direct payment of an attorney’s fee by the person or an interested person on his behalf, which fee shall be subject to the review and approval of the court.D\n\nFollowing the appointment of an attorney pursuant to subsection C, the court shall schedule an expedited hearing of the matter. The court shall notify the person for whom treatment is sought, his next of kin, if known, the petitioner, and their respective counsel of the date and time for the hearing. In scheduling the hearing, the court shall take into account the type and severity of the alleged physical or mental disorder, as well as the need to provide the person’s attorney with sufficient time to adequately prepare his client’s case.E\n\nNotwithstanding the provisions of subsections B and D regarding delivery or service of the petition and notice of the hearing to the next of kin of any person for whom consent to treatment is sought, if the person is a patient in any hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123 or an individual receiving services in any facility operated by the Department of Behavioral Health and Developmental Services and such person has no known guardian or legally authorized representative, at the time the petition is filed, the court may dispense with the requirement of any notice to the next of kin. If treatment is necessary to prevent imminent or irreversible harm, the court in its discretion may dispense with the requirement of providing notice. This subsection shall not be construed to interfere with any decision made pursuant to the Health Care Decisions Act (§ 54.1-2981 et seq.).F\n\nPrior to the hearing, the attorney shall investigate the risks and benefits of the treatment decision for which authorization is sought and of alternatives to the proposed decision. The attorney shall make a reasonable effort to inform the person of this information and to ascertain the person’s religious beliefs and basic values and the views and preferences of the person’s next of kin. A health care provider shall disclose or make available to the attorney, upon request, any information, records, and reports concerning the person that the attorney determines necessary to perform his duties under this section. Evidence presented at the hearing may be submitted by affidavit in the absence of objection by the person for whom treatment is sought, the petitioner, either of their respective counsel, or by any other interested party.G\n\nPrior to authorizing treatment pursuant to this section, the court shall find:1\n\nThat there is no available person with legal authority under Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, under the regulations promulgated pursuant to § 37.2-400, or under other applicable law to authorize the proposed treatment. A person who would have legal authority to authorize the proposed treatment shall be deemed to be unavailable if such person (i) cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment for the person for whom treatment is sought, (ii) is incapable of making an informed decision, or (iii) is unable or unwilling to make a decision regarding authorization of the proposed treatment or to serve as the legally authorized representative of the person for whom treatment is sought;2\n\nThat the person for whom treatment is sought is incapable of making an informed decision regarding treatment or is physically or mentally incapable of communicating such a decision;3\n\nThat the person who is the subject of the petition is unlikely to become capable of making an informed decision or of communicating an informed decision within the time required for decision; and4\n\nThat the proposed treatment is in the best interest of the person and is medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment is sought. However, the court shall not authorize a proposed treatment that is contrary to the provisions of an advance directive executed by the person pursuant to § 54.1-2983 or is proven by a preponderance of the evidence to be contrary to the person’s religious beliefs or basic values or to specific preferences stated by the person before becoming incapable of making an informed decision, unless the treatment is necessary to prevent death or a serious irreversible condition. The court shall take into consideration the right of the person to rely on nonmedical, remedial treatment in the practice of religion in lieu of medical treatment.H\n\nAny order authorizing treatment pursuant to subsection A shall describe any treatment authorized and may authorize generally such related examinations, tests, or services as the court may determine to be reasonably related to the treatment authorized. Treatment authorized by such order may include palliative care as defined in § 32.1-162.1, if appropriate. The order shall require the treating physician to review and document the appropriateness of the continued administration of antipsychotic medications not less frequently than every 30 days. The order shall require the treating physician or other service provider to report to the court and the person’s attorney any change in the person’s condition resulting in probable restoration or development of the person’s capacity to make and to communicate an informed decision prior to completion of any authorized treatment and related services. The order may further require the treating physician or other service provider to report to the court and the person’s attorney any change in circumstances regarding any authorized treatment or related services that may indicate that such authorization is no longer in the person’s best interests. Upon receipt of such report or upon the petition of any interested party, the court may enter an order withdrawing or modifying its prior authorization as it deems appropriate. Any petition or order under this section may be orally presented or entered, provided a written order shall be subsequently executed.I\n\nNothing in this section shall be construed to limit the authority of a treating physician or other service provider to administer treatment without judicial authorization when necessary to stabilize the condition of the person for whom treatment is sought in an emergency.","order_by":null,"text":{"0":{"id":220818,"text":"An appropriate circuit court or district court judge or special justice may authorize treatment for a mental or physical disorder on behalf of an adult person, in accordance with this section, if it finds upon clear and convincing evidence that (i) the person is either incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder and (ii) the proposed treatment is in the best interest of the person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220819,"text":"Any person may request authorization of treatment for an adult person by filing a petition in the circuit court or district court or with a special justice of the county or city in which the person for whom treatment is sought resides or is located or in the county or city in which the proposed place of treatment is located. Upon filing the petition, the petitioner or the court shall deliver or send a certified copy of the petition to the person for whom treatment is sought and, if the identity and whereabouts of the person’s next of kin are known, to the next of kin.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220820,"text":"As soon as reasonably possible after the filing of the petition, the court shall appoint an attorney to represent the interests of the person for whom treatment is sought at the hearing. However, the appointment shall not be required in the event that the person or another interested person on behalf of the person elects to retain private counsel at his own expense to represent the interests of the person at the hearing. If the person for whom treatment is sought is indigent, his counsel shall be paid by the Commonwealth as provided in § 37.2-804 from funds appropriated to reimburse expenses incurred in the involuntary admission process. However, this provision shall not be construed to prohibit the direct payment of an attorney’s fee by the person or an interested person on his behalf, which fee shall be subject to the review and approval of the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":220821,"text":"Following the appointment of an attorney pursuant to subsection C, the court shall schedule an expedited hearing of the matter. The court shall notify the person for whom treatment is sought, his next of kin, if known, the petitioner, and their respective counsel of the date and time for the hearing. In scheduling the hearing, the court shall take into account the type and severity of the alleged physical or mental disorder, as well as the need to provide the person’s attorney with sufficient time to adequately prepare his client’s case.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":220822,"text":"Notwithstanding the provisions of subsections B and D regarding delivery or service of the petition and notice of the hearing to the next of kin of any person for whom consent to treatment is sought, if the person is a patient in any hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123 or an individual receiving services in any facility operated by the Department of Behavioral Health and Developmental Services and such person has no known guardian or legally authorized representative, at the time the petition is filed, the court may dispense with the requirement of any notice to the next of kin. If treatment is necessary to prevent imminent or irreversible harm, the court in its discretion may dispense with the requirement of providing notice. This subsection shall not be construed to interfere with any decision made pursuant to the Health Care Decisions Act (§ 54.1-2981 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":220823,"text":"Prior to the hearing, the attorney shall investigate the risks and benefits of the treatment decision for which authorization is sought and of alternatives to the proposed decision. The attorney shall make a reasonable effort to inform the person of this information and to ascertain the person’s religious beliefs and basic values and the views and preferences of the person’s next of kin. A health care provider shall disclose or make available to the attorney, upon request, any information, records, and reports concerning the person that the attorney determines necessary to perform his duties under this section. Evidence presented at the hearing may be submitted by affidavit in the absence of objection by the person for whom treatment is sought, the petitioner, either of their respective counsel, or by any other interested party.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":220824,"text":"Prior to authorizing treatment pursuant to this section, the court shall find:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":220825,"text":"That there is no available person with legal authority under Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, under the regulations promulgated pursuant to § 37.2-400, or under other applicable law to authorize the proposed treatment. A person who would have legal authority to authorize the proposed treatment shall be deemed to be unavailable if such person (i) cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment for the person for whom treatment is sought, (ii) is incapable of making an informed decision, or (iii) is unable or unwilling to make a decision regarding authorization of the proposed treatment or to serve as the legally authorized representative of the person for whom treatment is sought;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":220826,"text":"That the person for whom treatment is sought is incapable of making an informed decision regarding treatment or is physically or mentally incapable of communicating such a decision;","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":220827,"text":"That the person who is the subject of the petition is unlikely to become capable of making an informed decision or of communicating an informed decision within the time required for decision; and","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"10":{"id":220828,"text":"That the proposed treatment is in the best interest of the person and is medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment is sought. However, the court shall not authorize a proposed treatment that is contrary to the provisions of an advance directive executed by the person pursuant to § 54.1-2983 or is proven by a preponderance of the evidence to be contrary to the person’s religious beliefs or basic values or to specific preferences stated by the person before becoming incapable of making an informed decision, unless the treatment is necessary to prevent death or a serious irreversible condition. The court shall take into consideration the right of the person to rely on nonmedical, remedial treatment in the practice of religion in lieu of medical treatment.","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"H"},"11":{"id":220829,"text":"Any order authorizing treatment pursuant to subsection A shall describe any treatment authorized and may authorize generally such related examinations, tests, or services as the court may determine to be reasonably related to the treatment authorized. Treatment authorized by such order may include palliative care as defined in § 32.1-162.1, if appropriate. The order shall require the treating physician to review and document the appropriateness of the continued administration of antipsychotic medications not less frequently than every 30 days. The order shall require the treating physician or other service provider to report to the court and the person’s attorney any change in the person’s condition resulting in probable restoration or development of the person’s capacity to make and to communicate an informed decision prior to completion of any authorized treatment and related services. The order may further require the treating physician or other service provider to report to the court and the person’s attorney any change in circumstances regarding any authorized treatment or related services that may indicate that such authorization is no longer in the person’s best interests. Upon receipt of such report or upon the petition of any interested party, the court may enter an order withdrawing or modifying its prior authorization as it deems appropriate. Any petition or order under this section may be orally presented or entered, provided a written order shall be subsequently executed.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G4","next_prefix":"I"},"12":{"id":220830,"text":"Nothing in this section shall be construed to limit the authority of a treating physician or other service provider to administer treatment without judicial authorization when necessary to stabilize the condition of the person for whom treatment is sought in an emergency.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15593,"edition_id":1,"name":"Judicial Authorization of Treatment","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":14269,"metadata":{},"date_created":"2026-06-26 03:56:39","date_modified":"2026-06-26 03:56:39","permalink":{"id":210619,"object_type":"structure","relational_id":15593,"identifier":"11","token":"37.2\/IV\/11","url":"\/37.2\/IV\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14269,"edition_id":1,"name":"Guardianship, Conservatorship, and Judicial Authorization of Treatment","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:47:33","date_modified":"2026-06-26 03:47:33","permalink":{"id":210605,"object_type":"structure","relational_id":14269,"identifier":"IV","token":"37.2\/IV","url":"\/37.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83720,"structure_id":15593,"section_number":"37.2-1100","catch_line":"Definitions","url":"\/37.2-1100\/","token":"37.2\/IV\/11\/37.2-1100","metadata":false},{"id":60379,"structure_id":15593,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","url":"\/37.2-1101\/","token":"37.2\/IV\/11\/37.2-1101","metadata":false},{"id":85041,"structure_id":15593,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","url":"\/37.2-1102\/","token":"37.2\/IV\/11\/37.2-1102","metadata":false},{"id":77155,"structure_id":15593,"section_number":"37.2-1103","catch_line":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","url":"\/37.2-1103\/","token":"37.2\/IV\/11\/37.2-1103","metadata":false},{"id":74221,"structure_id":15593,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","url":"\/37.2-1104\/","token":"37.2\/IV\/11\/37.2-1104","metadata":false},{"id":76123,"structure_id":15593,"section_number":"37.2-1105","catch_line":"Appeal from order","url":"\/37.2-1105\/","token":"37.2\/IV\/11\/37.2-1105","metadata":false},{"id":81800,"structure_id":15593,"section_number":"37.2-1106","catch_line":"When health professional or licensed hospital not liable","url":"\/37.2-1106\/","token":"37.2\/IV\/11\/37.2-1106","metadata":false},{"id":73879,"structure_id":15593,"section_number":"37.2-1107","catch_line":"Fees and expenses","url":"\/37.2-1107\/","token":"37.2\/IV\/11\/37.2-1107","metadata":false},{"id":59505,"structure_id":15593,"section_number":"37.2-1108","catch_line":"Effect of chapter on other laws","url":"\/37.2-1108\/","token":"37.2\/IV\/11\/37.2-1108","metadata":false},{"id":64055,"structure_id":15593,"section_number":"37.2-1109","catch_line":"Use of electronic communication","url":"\/37.2-1109\/","token":"37.2\/IV\/11\/37.2-1109","metadata":false}],"previous_section":{"id":83720,"structure_id":15593,"section_number":"37.2-1100","catch_line":"Definitions","url":"\/37.2-1100\/","token":"37.2\/IV\/11\/37.2-1100","metadata":false},"next_section":{"id":85041,"structure_id":15593,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","url":"\/37.2-1102\/","token":"37.2\/IV\/11\/37.2-1102","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1101\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 921<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapters 814<\/a>, 946<\/a>, and 985<\/a>; in 2003, chapter 790<\/a>; in 2004, chapters 66<\/a>, 104<\/a>, and 1014<\/a>; in 2005, chapters 716<\/a> and 751<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 115<\/a>, 378<\/a>, 476<\/a>, and 507<\/a>.<\/p>","references":[{"id":83720,"section_number":"37.2-1100","catch_line":"Definitions","order_by":null,"url":"\/37.2-1100\/"},{"id":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"},{"id":74221,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","order_by":null,"url":"\/37.2-1104\/"},{"id":76123,"section_number":"37.2-1105","catch_line":"Appeal from order","order_by":null,"url":"\/37.2-1105\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":77748,"section_number":"32.1-162.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.1\/"},{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":57295,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","order_by":null,"url":"\/54.1-2983\/"}],"permalink":{"id":210625,"object_type":"law","relational_id":60379,"identifier":"37.2-1101","token":"37.2\/IV\/11\/37.2-1101","url":"\/37.2-1101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1101\/","token":"37.2\/IV\/11\/37.2-1101","dublin_core":{"Title":"Judicial authorization of treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An appropriate circuit<\/span> court<\/span> or district court<\/span> judge<\/span> or special justice<\/span> may authorize treatment<\/span> for a mental or physical disorder<\/span> on behalf of an adult person, in accordance with this section, if it finds upon clear and convincing evidence<\/span> that (i) the person is either incapable of making an informed decision<\/span> on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder<\/span> and (ii) the proposed treatment<\/span> is in the best interest of the person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person may request authorization of treatment<\/span> for an adult person by filing a petition<\/span> in the circuit<\/span> court<\/span> or district court<\/span> or with a special justice<\/span> of the county or city in which the person for whom treatment<\/span> is sought resides or is located or in the county or city in which the proposed place of treatment<\/span> is located. Upon filing the petition<\/span>, the petitioner or the court<\/span> shall deliver or send a certified copy of the petition<\/span> to the person for whom treatment<\/span> is sought and, if the identity and whereabouts of the person’s next of kin are known, to the next of kin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As soon as reasonably possible after the filing of the petition<\/span>, the court<\/span> shall appoint an attorney to represent the interests of the person for whom treatment<\/span> is sought at the hearing<\/span>. However, the appointment shall not be required in the event that the person or another interested person on behalf of the person elects to retain private counsel<\/span> at his own expense to represent the interests of the person at the hearing<\/span>. If the person for whom treatment<\/span> is sought is indigent<\/span>, his counsel<\/span> shall be paid by the Commonwealth as provided in § 37.2-804<\/a> from funds appropriated to reimburse expenses incurred in the involuntary admission process. However, this provision shall not be construed to prohibit the direct payment of an attorney’s fee by the person or an interested person on his behalf, which fee shall be subject to the review and approval of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Following the appointment of an attorney pursuant to subsection C, the court<\/span> shall schedule an expedited hearing<\/span> of the matter. The court<\/span> shall notify the person for whom treatment<\/span> is sought, his next of kin, if known, the petitioner, and their respective counsel<\/span> of the date and time for the hearing<\/span>. In scheduling the hearing<\/span>, the court<\/span> shall take into account the type and severity of the alleged physical or mental disorder<\/span>, as well as the need to provide the person’s attorney with sufficient time to adequately prepare his client’s case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsections B and D regarding delivery or service of the petition<\/span> and notice of the hearing<\/span> to the next of kin of any person for whom consent to treatment<\/span> is sought, if the person is a patient in any hospital, including a hospital licensed by the Department<\/span> of Health pursuant to § 32.1-123<\/a> or an individual receiving services<\/span> in any facility<\/span> operated by the Department<\/span> of Behavioral Health and Developmental Services<\/span> and such person has no known guardian or legally authorized representative, at the time the petition<\/span> is filed, the court<\/span> may dispense with the requirement of any notice to the next of kin. If treatment<\/span> is necessary to prevent imminent or irreversible harm, the court<\/span> in its discretion may dispense with the requirement of providing notice. This subsection shall not be construed to interfere with any decision made pursuant to the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to the hearing<\/span>, the attorney shall investigate the risks and benefits of the treatment<\/span> decision for which authorization is sought and of alternatives to the proposed decision. The attorney shall make a reasonable effort to inform the person of this information and to ascertain the person’s religious beliefs and basic values and the views and preferences of the person’s next of kin. A health care provider shall disclose or make available to the attorney, upon request, any information, records, and reports concerning the person that the attorney determines necessary to perform his duties under this section. Evidence<\/span> presented at the hearing<\/span> may be submitted by affidavit<\/span> in the absence of objection by the person for whom treatment<\/span> is sought, the petitioner, either of their respective counsel<\/span>, or by any other interested party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Prior to authorizing treatment<\/span> pursuant to this section, the court<\/span> shall find: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That there is no available person with legal authority<\/span> under Article 8 (§ 54.1-2981<\/a> et seq.) of Chapter 29 of Title 54.1, under the regulations promulgated pursuant to § 37.2-400<\/a>, or under other applicable law<\/span> to authorize the proposed treatment<\/span>. A person who would have legal authority<\/span> to authorize the proposed treatment<\/span> shall be deemed to be unavailable if such person (i) cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment<\/span> for the person for whom treatment<\/span> is sought, (ii) is incapable of making an informed decision<\/span>, or (iii) is unable or unwilling to make a decision regarding authorization of the proposed treatment<\/span> or to serve as the legally authorized representative of the person for whom treatment<\/span> is sought; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the person for whom treatment<\/span> is sought is incapable of making an informed decision<\/span> regarding treatment<\/span> or is physically or mentally incapable of communicating such a decision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the person who is the subject of the petition<\/span> is unlikely to become capable of making an informed decision or of communicating an informed decision within the time required for decision; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the proposed treatment<\/span> is in the best interest of the person and is medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment<\/span> is sought. However, the court<\/span> shall not authorize a proposed treatment<\/span> that is contrary to the provisions of an advance directive executed by the person pursuant to § 54.1-2983<\/a> or is proven by a preponderance of the evidence<\/span> to be contrary to the person’s religious beliefs or basic values or to specific preferences stated by the person before becoming incapable of making an informed decision<\/span>, unless the treatment<\/span> is necessary to prevent death or a serious irreversible condition. The court<\/span> shall take into consideration the right of the person to rely on nonmedical, remedial treatment<\/span> in the practice of religion in lieu of medical treatment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any order<\/span> authorizing treatment<\/span> pursuant to subsection A shall describe any treatment<\/span> authorized and may authorize generally such related examinations, tests, or services as the court<\/span> may determine to be reasonably related to the treatment<\/span> authorized. Treatment<\/span> authorized by such order<\/span> may include palliative care as defined in § 32.1-162.1<\/a>, if appropriate. The order<\/span> shall require the treating physician to review and document the appropriateness of the continued administration of antipsychotic medications not less frequently than every 30 days. The order<\/span> shall require the treating physician or other service provider to report to the court<\/span> and the person’s attorney any change in the person’s condition resulting in probable restoration or development of the person’s capacity to make and to communicate an informed decision prior to completion of any authorized treatment<\/span> and related services. The order<\/span> may further require the treating physician or other service provider to report to the court<\/span> and the person’s attorney any change in circumstances regarding any authorized treatment<\/span> or related services that may indicate that such authorization is no longer in the person’s best interests. Upon receipt of such report or upon the petition<\/span> of any interested party<\/span>, the court<\/span> may enter an order<\/span> withdrawing or modifying its prior authorization as it deems appropriate. Any petition<\/span> or order<\/span> under this section may be orally presented or entered, provided a written order<\/span> shall be subsequently executed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be construed to limit the authority<\/span> of a treating physician or other service provider to administer treatment<\/span> without judicial authorization when necessary to stabilize the condition of the person for whom treatment<\/span> is sought in an emergency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL AUTHORIZATION OF TREATMENT (\u00a7 37.2-1101)\n\nA. An appropriate circuit court or district court judge or special justice may\nauthorize treatment for a mental or physical disorder on behalf of an adult\nperson, in accordance with this section, if it finds upon clear and convincing\nevidence that (i) the person is either incapable of making an informed decision\non his own behalf or is incapable of communicating such a decision due to a\nphysical or mental disorder and (ii) the proposed treatment is in the best\ninterest of the person.\n\nB. Any person may request authorization of treatment for an adult person by\nfiling a petition in the circuit court or district court or with a special\njustice of the county or city in which the person for whom treatment is sought\nresides or is located or in the county or city in which the proposed place of\ntreatment is located. Upon filing the petition, the petitioner or the court\nshall deliver or send a certified copy of the petition to the person for whom\ntreatment is sought and, if the identity and whereabouts of the person’s\nnext of kin are known, to the next of kin.\n\nC. As soon as reasonably possible after the filing of the petition, the court\nshall appoint an attorney to represent the interests of the person for whom\ntreatment is sought at the hearing. However, the appointment shall not be\nrequired in the event that the person or another interested person on behalf of\nthe person elects to retain private counsel at his own expense to represent the\ninterests of the person at the hearing. If the person for whom treatment is\nsought is indigent, his counsel shall be paid by the Commonwealth as provided in\n§ 37.2-804 from funds appropriated to reimburse expenses incurred in the\ninvoluntary admission process. However, this provision shall not be construed to\nprohibit the direct payment of an attorney’s fee by the person or an\ninterested person on his behalf, which fee shall be subject to the review and\napproval of the court.\n\nD. Following the appointment of an attorney pursuant to subsection C, the court\nshall schedule an expedited hearing of the matter. The court shall notify the\nperson for whom treatment is sought, his next of kin, if known, the petitioner,\nand their respective counsel of the date and time for the hearing. In scheduling\nthe hearing, the court shall take into account the type and severity of the\nalleged physical or mental disorder, as well as the need to provide the\nperson’s attorney with sufficient time to adequately prepare his\nclient’s case.\n\nE. Notwithstanding the provisions of subsections B and D regarding delivery or\nservice of the petition and notice of the hearing to the next of kin of any\nperson for whom consent to treatment is sought, if the person is a patient in\nany hospital, including a hospital licensed by the Department of Health pursuant\nto § 32.1-123 or an individual receiving services in any facility operated\nby the Department of Behavioral Health and Developmental Services and such\nperson has no known guardian or legally authorized representative, at the time\nthe petition is filed, the court may dispense with the requirement of any notice\nto the next of kin. If treatment is necessary to prevent imminent or\nirreversible harm, the court in its discretion may dispense with the requirement\nof providing notice. This subsection shall not be construed to interfere with\nany decision made pursuant to the Health Care Decisions Act (§ 54.1-2981 et\nseq.).\n\nF. Prior to the hearing, the attorney shall investigate the risks and benefits\nof the treatment decision for which authorization is sought and of alternatives\nto the proposed decision. The attorney shall make a reasonable effort to inform\nthe person of this information and to ascertain the person’s religious\nbeliefs and basic values and the views and preferences of the person’s\nnext of kin. A health care provider shall disclose or make available to the\nattorney, upon request, any information, records, and reports concerning the\nperson that the attorney determines necessary to perform his duties under this\nsection. Evidence presented at the hearing may be submitted by affidavit in the\nabsence of objection by the person for whom treatment is sought, the petitioner,\neither of their respective counsel, or by any other interested party.\n\nG. Prior to authorizing treatment pursuant to this section, the court shall\nfind:\n\n 1. That there is no available person with legal authority under Article 8\n (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, under the regulations\n promulgated pursuant to § 37.2-400, or under other applicable law to\n authorize the proposed treatment. A person who would have legal authority to\n authorize the proposed treatment shall be deemed to be unavailable if such\n person (i) cannot be contacted within a reasonable period of time in light of\n the immediacy of the need for treatment for the person for whom treatment is\n sought, (ii) is incapable of making an informed decision, or (iii) is unable\n or unwilling to make a decision regarding authorization of the proposed\n treatment or to serve as the legally authorized representative of the person\n for whom treatment is sought;\n\n 2. That the person for whom treatment is sought is incapable of making an\n informed decision regarding treatment or is physically or mentally incapable\n of communicating such a decision;\n\n 3. That the person who is the subject of the petition is unlikely to become\n capable of making an informed decision or of communicating an informed\n decision within the time required for decision; and\n\n 4. That the proposed treatment is in the best interest of the person and is\n medically and ethically appropriate with respect to (i) the medical diagnosis\n and prognosis and (ii) any other information provided by the attending\n physician of the person for whom treatment is sought. However, the court shall\n not authorize a proposed treatment that is contrary to the provisions of an\n advance directive executed by the person pursuant to § 54.1-2983 or is\n proven by a preponderance of the evidence to be contrary to the person’s\n religious beliefs or basic values or to specific preferences stated by the\n person before becoming incapable of making an informed decision, unless the\n treatment is necessary to prevent death or a serious irreversible condition.\n The court shall take into consideration the right of the person to rely on\n nonmedical, remedial treatment in the practice of religion in lieu of medical\n treatment.\n\nH. Any order authorizing treatment pursuant to subsection A shall describe any\ntreatment authorized and may authorize generally such related examinations,\ntests, or services as the court may determine to be reasonably related to the\ntreatment authorized. Treatment authorized by such order may include palliative\ncare as defined in § 32.1-162.1, if appropriate. The order shall require\nthe treating physician to review and document the appropriateness of the\ncontinued administration of antipsychotic medications not less frequently than\nevery 30 days. The order shall require the treating physician or other service\nprovider to report to the court and the person’s attorney any change in\nthe person’s condition resulting in probable restoration or development of\nthe person’s capacity to make and to communicate an informed decision\nprior to completion of any authorized treatment and related services. The order\nmay further require the treating physician or other service provider to report\nto the court and the person’s attorney any change in circumstances\nregarding any authorized treatment or related services that may indicate that\nsuch authorization is no longer in the person’s best interests. Upon\nreceipt of such report or upon the petition of any interested party, the court\nmay enter an order withdrawing or modifying its prior authorization as it deems\nappropriate. Any petition or order under this section may be orally presented or\nentered, provided a written order shall be subsequently executed.\n\nI. Nothing in this section shall be construed to limit the authority of a\ntreating physician or other service provider to administer treatment without\njudicial authorization when necessary to stabilize the condition of the person\nfor whom treatment is sought in an emergency.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;\n2004, cc. 66, 104, 1014; 2005, cc. 716, 751; 2009, cc. 813, 840; 2012, cc. 115,\n378, 476, 507.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}