14-5312.02. Admission for evaluation or treatment by guardian; duties of physician or mental health care provider

A. Notwithstanding the procedures and requirements prescribed in title 36, chapter 5, articles 4 and 5 relating to involuntary court-ordered evaluation or treatment, if the guardian who is granted the authority to consent to inpatient mental health care or treatment pursuant to section 14-5312.01 has reasonable cause to believe that the ward is in need of evaluation or treatment, the guardian may apply for admission of the ward for evaluation or treatment at any inpatient psychiatric facility. The guardian must present the facility with a certified copy, or a photocopy of the certified copy, of the guardian's letters of guardianship.

B. If the guardian requests admission, the facility to which the guardian applies may admit the person if before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following:

1. Conducts an investigation that carefully probes the ward's psychiatric and psychological history, diagnosis and treatment needs.

2. Conducts a thorough interview with the ward and the guardian.

3. Obtains the guardian's informed consent. For the purposes of this paragraph, " informed consent" has the same meaning prescribed in section 36-501.

4. Makes a written determination that the ward needs an evaluation or will benefit from inpatient care and treatment of a mental disorder or other personality disorder or emotional condition and that the evaluation or treatment cannot be accomplished in a less restrictive setting.

5. Documents in the ward's medical chart a summary of the doctor's findings and recommendations for treatment.

C. After admission, if the ward refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the guardian for treatment, release and discharge decisions pursuant to the guardian's authority under the guardianship.