Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.230 - Guardian Advocate

Current through Reg. 50, No. 138; July 16, 2024
(1) A copy of the
				completed recommended form CF-MH 3106, "Petition for Adjudication of
				Incompetence to Consent to Treatment and Appointment of a Guardian Advocate, "
				as referenced in subparagraph
				 65E-5.170(1)(d) 
				2., F.A.C., or its equivalent, shall be given to the person, the person's
				representative if any, and to the prospective guardian advocate with a copy
				retained in the person's clinical record.
(2) The person's clinical record shall
				reflect that the guardian advocate has been appointed by the court and has
				completed the training required by Section
				 394.4598(4),
				F.S., and further training required pursuant to a court order, prior to being
				asked to provide express and informed consent to treatment. Recommended form
				CF-MH 3120, Feb. 05, "Certification of Guardian Advocate Training Completion, "
				which is incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter may be used for this purpose.
(3) When a guardian advocate previously
				appointed by the court cannot or will not continue to serve in that capacity,
				and the person remains incompetent to consent to treatment, the facility
				administrator shall petition the court for a replacement guardian advocate. A
				copy of the completed petition shall be given to the person, the current
				guardian advocate, the prospective replacement guardian advocate, person's
				attorney, and representative, with a copy retained in the person's clinical
				record. Recommended form CF-MH 3106, "Petition for Adjudication of Incompetence
				to Consent to Treatment and Appointment of a Guardian Advocate, " as referenced
				in subparagraph  65E-5.170(1)(d) 
				2., F.A.C., may be used for this documentation if Parts I and III are
				completed.
(4) If the court finds
				the person incompetent to consent to treatment a guardian advocate shall be
				appointed. Recommended form CF-MH 3107, Feb. 05, "Order Appointing Guardian
				Advocate, " which is incorporated by reference and may be obtained pursuant to
				Rule  65E-5.120, F.A.C., of this rule
				chapter, or other order used by the court, may be used for documentation of
				this finding. The order shall be provided to the person, guardian advocate,
				representative, and to the facility administrator for retention in the person's
				clinical record.
(5) If a guardian
				advocate is required by Section
				 394.4598, F.S., or otherwise to
				petition the court for authority to consent to extraordinary treatment, a copy
				of the completed petition form shall be given to the person, a copy to the
				attorney representing the person, and a copy retained in the person's clinical
				record. Recommended form CF-MH 3108, Feb. 05, "Petition Requesting Court
				Approval for Guardian Advocate to Consent to Extraordinary Treatment, " which
				is incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter may be used for this purpose. Any order issued by the court in response
				to such a petition shall be given to the person, attorney representing the
				person, guardian advocate, and to the facility administrator, with a copy
				retained in the person's clinical record. Recommended form CF-MH 3109, Feb. 05,
				"Order Authorizing Guardian Advocate to Consent to Extraordinary Treatment, "
				which is incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter, or other order used by the court may be used for such
				documentation.
(6) At any time a
				person, who has previously been determined to be incompetent to consent to
				treatment and had a guardian advocate appointed by the court, has been found by
				the attending physician to have regained competency to consent to treatment,
				the facility shall notify the court that appointed the guardian advocate of the
				patient's competence and the discharge of the guardian advocate. Recommended
				form CF-MH 3121, Feb. 05, "Notification to Court of Person's Competence to
				Consent to Treatment and Discharge of Guardian Advocate, " which is
				incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter may be used for this purpose.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4598,
					 394.4598(4)
					 FS.
New 11-29-98, Amended
					 4-4-05.