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Section 33-3-218 - Decision making capacity of recipient — Tennessee Law | CourtGPT
  1. Home/
  2. Laws/
  3. Tennessee/
  4. Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities (§§ 33-1-101 — 33-11-106)/
  5. Chapter 3 - General Rules Applicable to Service Recipients/
  6. Part 2 - Special Liability Rules/
  7. Section 33-3-218 - Decision making capacity of recipient
Tennessee Legal Code

Section 33-3-218 - Decision making capacity of recipient

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IF:(1)(A) [Deleted by 2024 amendment.](B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201, requesting discharge under § 33-6-206, inpatient mental health treatment, release of information, or getting information, AND(2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures, THEN(3) The person 'lacks capacity' under this title for decision about that matter at this time.Amended by 2024 Tenn. Acts, ch. 688,s 66, eff. 7/1/2024.Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1; 2010 , ch. 734, § 1.