SB1169: Mental Health Power of Attorney

This bill, if passed, would specify that during times when the principal (person who granted power of attorney) is incapable of giving informed consent, a Mental Health Power of Attorney cannot be revoked by the principal. Note, the current law allows the principal to retain the right, if elected, to later revoke their Mental Health Power of Attorney even when they are not capable of giving informed consent. The proposed amendments also clarifies the options available to a hospital treating a patient admitted for mental health treatment under a Mental Health POA when the principal wants to revoke the Mental Health POA and discharge the designated Agents and be released from the hospital. This bill passed the Senate on February 11, 2016 and was referred to the House Health committee on February 18, 2016.

For a full copy of the bill go to: