{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-805.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-805.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-805.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-805.1.html"}],"law_id":73953,"edition_id":1,"section_id":73953,"structure_id":16652,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","history":"2009, cc. 211, 268.","full_text":"A\n\nAn agent for a person who has been determined to be incapable of making an informed decision may consent to the person’s admission to a facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision, as defined in § 54.1-2982, regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing his agent to consent to his admission to a facility and, if the person protests the admission, he has included in his advance directive specific authorization for his agent to make 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 shall first be screened by the community services board that serves the city or county where the person resides or, if impractical, where the person is located.B\n\nA guardian who has been appointed for an incapacitated person pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 may consent to admission of that person to a facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision, as defined in § 54.1-2982, regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and (iii) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility, pursuant to § 64.2-2009. In addition, for admission to a state facility, the person shall first be screened by the community services board that serves the city or county where the person resides or, if impractical, where the person is located.C\n\nA person admitted to a facility pursuant to this section shall be discharged no later than 10 calendar days after admission unless, within that time, the person’s continued admission is authorized under other provisions of law.","order_by":null,"text":{"0":{"id":265987,"text":"An agent for a person who has been determined to be incapable of making an informed decision may consent to the person’s admission to a facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision, as defined in § 54.1-2982, regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing his agent to consent to his admission to a facility and, if the person protests the admission, he has included in his advance directive specific authorization for his agent to make 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 shall first be screened by the community services board that serves the city or county where the person resides or, if impractical, where the person is located.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265988,"text":"A guardian who has been appointed for an incapacitated person pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 may consent to admission of that person to a facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision, as defined in § 54.1-2982, regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and (iii) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility, pursuant to § 64.2-2009. In addition, for admission to a state facility, the person shall first be screened by the community services board that serves the city or county where the person resides or, if impractical, where the person is located.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265989,"text":"A person admitted to a facility pursuant to this section shall be discharged no later than 10 calendar days after admission unless, within that time, the person’s continued admission is authorized under other provisions of law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16652,"edition_id":1,"name":"Voluntary Admission","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 04:30:42","date_modified":"2026-06-26 04:30:42","permalink":{"id":210289,"object_type":"structure","relational_id":16652,"identifier":"2","token":"37.2\/III\/8\/2","url":"\/37.2\/III\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","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":85593,"structure_id":16652,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","url":"\/37.2-805\/","token":"37.2\/III\/8\/2\/37.2-805","metadata":false},{"id":73953,"structure_id":16652,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","url":"\/37.2-805.1\/","token":"37.2\/III\/8\/2\/37.2-805.1","metadata":false}],"previous_section":{"id":85593,"structure_id":16652,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","url":"\/37.2-805\/","token":"37.2\/III\/8\/2\/37.2-805","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-805.1\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 211<\/a> and 268<\/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.<\/p>","references":[{"id":63295,"section_number":"37.2-801","catch_line":"Admission procedures; forms","order_by":null,"url":"\/37.2-801\/"},{"id":56088,"section_number":"51.5-151","catch_line":"Minimum requirements for local programs; authority","order_by":null,"url":"\/51.5-151\/"},{"id":67924,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","order_by":null,"url":"\/54.1-2983.2\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"}],"refers_to":[{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"},{"id":73438,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","order_by":null,"url":"\/54.1-2986.2\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"}],"permalink":{"id":210295,"object_type":"law","relational_id":73953,"identifier":"37.2-805.1","token":"37.2\/III\/8\/2\/37.2-805.1","url":"\/37.2-805.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-805.1\/","token":"37.2\/III\/8\/2\/37.2-805.1","dublin_core":{"Title":"Admission of incapacitated persons pursuant to advance directives or by guardians","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-805.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An agent for a person who has been determined to be incapable of making an informed decision may consent to the person’s admission to a facility<\/span> for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility<\/span> examines the person and states<\/span>, in writing, that the person (a) has a mental illness<\/span>, (b) is incapable of making an informed decision, as defined in § 54.1-2982<\/a>, regarding admission, and (c) is in need of treatment in a facility<\/span>; (ii) the proposed admitting facility<\/span> is willing to admit the person; and (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.) authorizing his agent to consent to his admission to a facility<\/span> and, if the person protests the admission, he has included in his advance directive specific authorization for his agent to make health care decisions even in the event of his protest as provided in § 54.1-2986.2<\/a>. In addition, for admission to a state<\/span> facility<\/span>, the person shall first be screened by the community services board<\/span> that serves the city or county where the person resides or, if impractical, where the person is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A guardian who has been appointed for an incapacitated person pursuant to Chapter 20 (§ 64.2-2000<\/a> et seq.) of Title 64.2 may consent to admission of that person to a facility<\/span> for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility<\/span> examines the person and states<\/span>, in writing, that the person (a) has a mental illness<\/span>, (b) is incapable of making an informed decision, as defined in § 54.1-2982<\/a>, regarding admission, and (c) is in need of treatment in a facility<\/span>; (ii) the proposed admitting facility<\/span> is willing to admit the person; and (iii) the guardianship order<\/span> specifically authorizes the guardian to consent to the admission of such person to a facility<\/span>, pursuant to § 64.2-2009<\/a>. In addition, for admission to a state<\/span> facility<\/span>, the person shall first be screened by the community services board<\/span> that serves the city or county where the person resides or, if impractical, where the person is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person admitted to a facility<\/span> pursuant to this section shall be discharged no later than 10 calendar days after admission unless, within that time, the person’s continued admission is authorized under other provisions of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSION OF INCAPACITATED PERSONS PURSUANT TO ADVANCE DIRECTIVES OR BY\nGUARDIANS (\u00a7 37.2-805.1)\n\nA. An agent for a person who has been determined to be incapable of making an\ninformed decision may consent to the person’s admission to a facility for\nno more than 10 calendar days if (i) prior to admission, a physician on the\nstaff of or designated by the proposed admitting facility examines the person\nand states, in writing, that the person (a) has a mental illness, (b) is\nincapable of making an informed decision, as defined in § 54.1-2982,\nregarding admission, and (c) is in need of treatment in a facility; (ii) the\nproposed admitting facility is willing to admit the person; and (iii) the person\nhas executed an advance directive in accordance with the Health Care Decisions\nAct (§ 54.1-2981 et seq.) authorizing his agent to consent to his admission\nto a facility and, if the person protests the admission, he has included in his\nadvance directive specific authorization for his agent to make health care\ndecisions even in the event of his protest as provided in § 54.1-2986.2. In\naddition, for admission to a state facility, the person shall first be screened\nby the community services board that serves the city or county where the person\nresides or, if impractical, where the person is located.\n\nB. A guardian who has been appointed for an incapacitated person pursuant to\nChapter 20 (§ 64.2-2000 et seq.) of Title 64.2 may consent to admission of\nthat person to a facility for no more than 10 calendar days if (i) prior to\nadmission, a physician on the staff of or designated by the proposed admitting\nfacility examines the person and states, in writing, that the person (a) has a\nmental illness, (b) is incapable of making an informed decision, as defined in\n§ 54.1-2982, regarding admission, and (c) is in need of treatment in a\nfacility; (ii) the proposed admitting facility is willing to admit the person;\nand (iii) the guardianship order specifically authorizes the guardian to consent\nto the admission of such person to a facility, pursuant to § 64.2-2009. In\naddition, for admission to a state facility, the person shall first be screened\nby the community services board that serves the city or county where the person\nresides or, if impractical, where the person is located.\n\nC. A person admitted to a facility pursuant to this section shall be discharged\nno later than 10 calendar days after admission unless, within that time, the\nperson’s continued admission is authorized under other provisions of law.\n\nHISTORY: 2009, cc. 211, 268.","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}}