                                 CODE OF VIRGINIA

ADMISSION OF INCAPACITATED PERSONS PURSUANT TO ADVANCE DIRECTIVES OR BY
GUARDIANS (§ 37.2-805.1)

A. An agent for a person who has been determined to be incapable of making an
informed decision may consent to the person&#8217;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 &#xA7; 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 (&#xA7; 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 &#xA7; 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. A guardian who has been appointed for an incapacitated person pursuant to
Chapter 20 (&#xA7; 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
&#xA7; 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 &#xA7; 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. 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&#8217;s continued admission is authorized under other provisions of law.

HISTORY: 2009, cc. 211, 268.