36-3283. Powers and duties of an agent
A. An agent may make mental health care decisions for the principal while the
principal is incapable, as defined in section 36-3281.
B. Except as limited by subsection F of this section, an agent's authority to make
mental health care decisions is limited only by the express language of the mental health
care power of attorney or by a court order pursuant to section 36-3206.
C. The appointment of a person to act as an agent is effective until that authority
is revoked by the principal or by a court order.
D. An agent has the same right as the principal to receive information and to
review the principal's medical records regarding proposed mental health treatment and to
receive, review and consent to the disclosure of medical records relating to that
treatment.
E. An agent shall act consistently with the wishes of the principal as expressed in
the mental health care power of attorney. Except as limited by subsection F of this
section, if the principal's wishes are not expressed in the mental health care power of
attorney and are not otherwise known by the agent, the agent shall act in accordance with
what the agent in good faith believes to be in the principal's best interests.
F. An agent may consent to admit the principal to a level one behavioral health
facility licensed by the department of health services if this authority is expressly
stated in the mental health care power of attorney or health care power of attorney under
section 36-3221.
G. An agent is not subject to criminal or civil liability for decisions made in
good faith and pursuant to a mental health care power of attorney or health care power of
attorney.
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