Does a guardian have the power to consent on behalf of the ward to voluntary in-patient mental health services?
No. Under Virginia law, a guardian of the person has the power to consent to medical, psychiatric, and surgical treatment on behalf of the ward, but the code specifically excludes voluntary in-patient psychiatric treatment. Therefore, if the ward needs in-patient psychiatric care, Virginia’s procedure for involuntary commitment must be followed. This procedure is set out at Virginia Code § 37.1-67.1 & Virginia Code § 37.1-67.3.
Related Questions
- Even if a guardian is given the court powers to clean a wards apartment and install homecare, however, can these services be implemented against a wards wishes?
- Does a guardian have the power to consent on behalf of the ward to voluntary in-patient mental health services?
- How Do You Obtain Power Of Attorney In Mental Health Issues?
