65E-5.230. Guardian Advocate

(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.

Specific Authority 394.457(5) FS. Law Implemented 394.4598, 394.4598(4) FS. History–New 11-29-98, Amended 4-4-05.