§ 7626 - Durable power of attorney
§ 7626. Durable power of attorney
(a) If a person who is the subject of a petition filed under section 7624 of this title has executed a durable power of attorney in accordance with the provisions of subchapter 2 of chapter 111 of Title 18 for health care, the court shall suspend the hearing and enter an order pursuant to subsection (b) of this section, if the court determines that:
(1) the person is refusing to accept psychiatric medication;
(2) the person is not competent to make a decision regarding the proposed treatment; and
(3) the decision regarding the proposed treatment is within the scope of the valid, duly executed durable power of attorney for health care.
(b) An order entered under subsection (a) of this section shall authorize the commissioner to administer treatment to the person, including involuntary medication in accordance with the direction set forth in the durable power of attorney or provided by the health care agent acting within the scope of authority granted by the durable power of attorney. If hospitalization is necessary to effectuate the proposed treatment, the court may order the person to be hospitalized.
(c) In the case of a person subject to an order entered pursuant to subsection (a) of this section, and upon the certification by the person's treating physician to the court that the person has received treatment or no treatment consistent with the durable power of attorney for health care for 45 days after the order under subsection (a) of this section has been entered, then the court shall reconvene the hearing on the petition.
(1) If the court concludes that the person has experienced, and is likely to continue to experience, a significant clinical improvement in his or her mental state as a result of the treatment or nontreatment directed by the durable power of attorney for health care, or that the patient has regained competence, then the court shall enter an order denying and dismissing the petition.
(2) If the court concludes that the person has not experienced a significant clinical improvement in his or her mental state, and remains incompetent then the court shall consider the remaining evidence under the factors described in subdivisions 7627(c)(1)-(5) of this title and render a decision on whether the person should receive medication. (Added 1997, No. 114 (Adj. Sess.), § 4.)