SB 887
Creating intermediate conservatorship or guardianship process prior to individual being involuntarily committed
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates a process for establishing an intermediate conservatorship or guardianship for individuals voluntarily admitted to a mental health facility who express a desire to leave. If a physician or mental health professional determines the individual is gravely disabled and leaving poses an imminent risk to themselves or others, the facility can petition a court for a temporary conservatorship or guardianship. This process allows for a 72-hour period for evaluation and treatment planning before a full hearing to determine if a longer-term conservatorship or guardianship is necessary, all while ensuring the individual retains their rights and receives proper notices.
Key provisions
- Allows a facility to petition for a temporary conservatorship or guardianship within 24 hours of an individual notifying their intent to leave.
- Requires a declaration from a qualified professional detailing the assessment of grave disability and imminent danger.
- Establishes a 72-hour period for temporary conservatorship/guardianship, during which the individual can be detained.
- Limits the temporary conservatorship/guardianship to a maximum of 14 days.
- Requires a hearing within 10 days of the petition filing to determine if an extended conservatorship/guardianship is needed.
- Specifies that the 72-hour period does not count as an involuntary commitment.
- Allows a family member to be appointed as the temporary conservator or guardian.
- Authorizes the Department of Health Facilities to create rules implementing the process.
Who is affected
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