Section 198.618

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2020   

  198.618.  Resident sole authority to request monitoring — exception for lack of capacity, requirements. — 1.  If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under sections 198.610 to 198.632, notwithstanding the terms of any durable power of attorney, general power of attorney, or similar instrument.

  2.  If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under sections 198.610 to 198.632.

  3.  If a resident has been determined by a physician to lack capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under sections 198.610 to 198.632.

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(L. 2020 H.B. 1387 & 1482)