33-3-218 - Decision making capacity of recipient. - Tennessee Statutes

33-3-218. Decision making capacity of recipient.

IF

     (1)  (A)  a service recipient, due to mental retardation or mental impairment related to a developmental disability, is unable to make an informed decision about application for admission to a developmental center under § 33-5-301, request discharge under § 33-5-303, or a routine medical, dental, or mental health treatment, OR

          (B)  a service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201, requesting discharge under § 33-6-206, inpatient mental health treatment, release of information, or getting information, AND

     (2)  the incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures,

THEN

     (3)  the person “lacks capacity” under this title for decision about that matter at this time.

[Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1.]