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91 Maryland Attorney General Reports and Opinions 3 (2006)

handle is hein.sag/sagmd0029 and id is 1 raw text is: MENTAL HEALTH HEALTH CARE DECISIONS ACT - CIRCUMSTANCES UNDER WHICH MENTAL HEALTH FACILITY MAY ACCEPT AN INDIVIDUAL FOR VOLUNTARY ADMISSION AT THE REQUEST OF THE INDIVIDUAL'S HEALTH CARE AGENT January 12, 2006 Brian Hepburn, M.D. Executive Director Mental Hygiene Administration Spring Grove Hospital Center You have requested our opinion whether a facility that provides treatment for individuals with mental disorders may accept an individual for voluntary admission at the request of a health care agent for the individual. In your letter, you point out that the law on voluntary admissions, §10-609 of the Health-General Article,' provides in part that a facility may not accept an individual's voluntary admission unless the individual understands the nature of the request for admission, is able to give continuous assent for retention, and is able to ask for release. You also point out that neither a guardian of the person nor a surrogate decision maker may consent to another's in-patient psychiatric care. Finally, you ask about the legal situation if an individual who had appointed a health care agent either seeks to revoke the advance directive or objects to admission to the facility. For the reasons stated below, we conclude as follows: A facility that provides treatment for individuals with mental disorders may accept an individual for voluntary admission at the request of a health care agent for the individual if: (1) the health care agent is acting within the scope of his or her authority under a then-effective advance directive; (2) the health care agent will monitor the circumstances of the patient's course of treatment so as to be able to exercise judgment about the patient's retention or release; and (3) the patient does not express disagreement with the voluntary admission. ' Unless otherwise indicated, all statutory references are to the Health-General Article of the Annotated Code of Maryland. 3

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