Indiana Code 16-36-1.5-5. Consent by mentally incompetent patient
(1) receives mental health services; and
Terms Used In Indiana Code 16-36-1.5-5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
- patient: means a person who is the recipient of mental health services. See Indiana Code 16-36-1.5-3
(b) A patient described in subsection (a) shall provide consent for mental health treatment through the informed consent of one (1) of the following:
(1) The patient’s legal guardian or other court appointed representative.
(2) The patient’s health care representative under IC 16-36-1.
(3) An attorney in fact for health care appointed under IC 30-5-5-16.
(4) The patient’s health care representative acting in accordance with the patient’s psychiatric advance directive as expressed in a psychiatric advance directive executed under IC 16-36-1.7.
(5) The patient’s health care representative conferred under IC 16-36-7.
As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.4; P.L.16-2004, SEC.2; P.L.50-2021, SEC.38.