632.120. Incompetents to be accepted by heads of facilities upon application--duration of admission for evaluation--consent may be authorized.

Incompetents to be accepted by heads of facilities uponapplication--duration of admission for evaluation--consent may beauthorized.

632.120. 1. The head of a private mental health facilitymay, and the head of a department facility shall, except in thecase of a medical emergency and subject to the availability ofsuitable programs and accommodations, accept for evaluation andtreatment, on an outpatient basis if practicable, any person whohas been declared incapacitated by a court of competentjurisdiction and for whom an application for voluntary admissionis made by his guardian. The department may require that acommunity-based service where the person resides perform theevaluation pursuant to an affiliation agreement and contract withthe department.

2. If the person is diagnosed as having a mental disorder,other than mental retardation or developmental disability withoutanother accompanying mental disorder, and the person is foundsuitable for inpatient treatment as a result of the evaluation,the person may be admitted by a private mental health facility orshall be admitted by a public mental health facility, if suitableaccommodations are available, for care, treatment andrehabilitation as an inpatient for up to thirty days afteradmission for evaluation and treatment.

3. If further inpatient services are recommended, the personmay remain in the facility only if his guardian is authorized bythe court to continue the inpatient hospitalization. The courtmay authorize the guardian to consent to evaluation, care,treatment, including medication, and rehabilitation on aninpatient basis.

(L. 1980 H.B. 1724, A.L. 1985 S.B. 35, et al.)