Mental health; admission of incapacitated person to a facility by an agent or guardian. (SB1051)

Introduced By

Sen. Mary Margaret Whipple (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Mental health; admission to a facility by an agent or guardian. Allows an agent appointed in an advance directive or a guardian to admit an incapacitated person to a mental health facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and, either (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act ( 54.1-2981 et seq.) authorizing the agent to consent to his admission to a facility and he is not protesting such admission; or (iv) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility. Read the Bill »


Bill Has Failed


01/13/2009Prefiled and ordered printed; offered 01/14/09 094048248
01/13/2009Referred to Committee on Education and Health
01/19/2009Assigned Education sub: Special on Mental Health
01/21/2009Impact statement from DPB (SB1051)
02/05/2009Incorporated by Education and Health (SB1142-Whipple) (14-Y 0-N) (see vote tally)

Duplicate Bills

The following bills are identical to this one: HB2062.


Riley writes:

If a peson wants to put it in their advance directive, that's their business, but guardians are another story.

Alison Hymes writes:

Watch for a change in language from "not protesting" to including "protesting" in this bill as it moves along.

Also, even with advanced directives, some people can be coerced into signing directives they may not really want to have in place so I think this bill is a bad idea. Why not have due process?

Alison Hymes writes:

This is now incorporated into HB2396-Bell which includes provisions that are not about mental illness at all.