[§327G-5]  Authority and duty of agent;limitations on liability.  (a)  The authority of an agent becomes effectiveonly upon a determination that the principal lacks capacity and ceases to beeffective upon a determination made under section 327G-7 that the principal hasrecovered capacity, unless otherwise specified in the advance mental healthcare directive.

(b)  An agent has the authority to make any andall mental health care decisions on behalf of the principal while the principallacks capacity, unless otherwise specified or limited in the advance mentalhealth care directive.

(c)  In exercising authority, an agent has aduty to act consistently with the provisions of the advance mental health caredirective.  An agent shall make all mental health care decisions in accordancewith the principal's preferences or instructions expressed in the advancemental health care directive, if any, and the principal's other wishes to theextent known to the agent.  If the principal's preferences, instructions, andwishes are not expressed or known, the agent shall make the decision inaccordance with the agent's good faith determination of the principal's bestinterests.  In determining the principal's best interests, the agent shallconsider the principal's personal values to the extent known to the agent.

(d)  An agent has the same right as theprincipal to receive information regarding the proposed mental health treatmentand to receive, review, and consent to disclosure of medical records relatingto that treatment, unless limited by the advance mental health care directiveor any federal law. This right of access and disclosure does not waive anyevidentiary privilege.

(e)  A mental health care decision made by anagent for a principal shall be effective without judicial approval.

(f)  An agent is not, solely as a result ofacting in that capacity, personally liable for the cost of treatment providedto the principal.

(g)  An agent whose decisions regarding theprincipal are made in good faith, pursuant to the provisions of the advancemental health care directive, shall not be subject to criminal prosecution,civil liability, or professional disciplinary action with respect to thosedecisions. [L 2004, c 224, pt of §2]