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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.

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