§327G-3  Advance mental health caredirective; designation of agent.  (a)  A competent adult or emancipatedminor may make a written advance mental health care directive declaringpreferences or instructions regarding mental health treatment. The preferencesor instructions may include consent to, or refusal of, mental healthtreatment.  An advance mental health care directive may be a part of, orcombined with, a written advance health care directive under chapter 327E.

(b)  A principal, in a power of attorneycontained in the written advance mental health care directive, may designate acompetent adult to act as an agent to make any and all mental health care andmental health treatment decisions on behalf of the principal when the principallacks capacity, unless otherwise specified or limited by the advance mentalhealth care directive.  A principal, in a power of attorney contained in thewritten advance mental health care directive, may also designate competentadults to act as alternate agents, in the order so designated, if the originalagent is unable or unwilling to act.

(c)  A written advance mental health caredirective may include the principal's nomination of a guardian.  The courtshall make its appointment of a guardian in accordance with the principal'smost recent nomination in a valid and unrevoked advance mental health caredirective, except for good cause shown.

(d)  No individual shall be required to executeor refrain from executing an advance mental health care directive or power of attorneyas a condition for insurance coverage, receiving mental or physical healthservices, receiving privileges while in a health care institution, or as acondition of discharge from a health care institution.

(e)  An advance mental health care directive isvalid and effective only if it is in writing, contains the date of itsexecution, is signed by the principal, and is witnessed in one of the followingmethods:

(1)  Signed by at least two competent adults, exceptthose as provided in subsection (f), each of whom shall attest that theprincipal is known to them, signed the advance mental health care directive intheir presence, and appears to be of sound mind and not under duress, fraud, orundue influence; or

(2)  Acknowledged before a notary public within thisState.

(f)  None of the following may serve as awitness to the signing of an advance mental health care directive:

(1)  A health care provider, supervising health careprovider, or an employee or relative of a health care provider or supervisinghealth care provider;

(2)  An owner, operator, or employee of a health careprovider or health care institution in which the principal is a patient orresident;

(3)  A person related to the principal by blood,marriage, or adoption; or

(4)  The agent or alternate agents.

(g)  None of the following may serve as anagent or alternate agent under a designation in a power of attorney containedin an advance mental health care directive:

(1)  A health care provider, supervising health careprovider, or an employee of a health care provider or supervising health careprovider, unless that person is related to the principal by blood, marriage, oradoption; or

(2)  An owner, operator, or employee of a health careprovider or health care institution in which the principal is a patient orresident, unless that person is related to the principal by blood, marriage, oradoption.

(h)  An advance mental health care directiveand power of attorney becomes effective when it is delivered to a health careprovider, supervising health care provider, or health care institution andremains effective until revoked.

(i)  An advance mental health care directiveexecuted prior to [July 13, 2004,] shall be valid for the purposes of thischapter if it complies substantially with this chapter or if it was executed incompliance with the laws of the state where it was executed. [L 2004, c 224, ptof §2; am L 2005, c 22, §15]