Tenn. Code Ann. § 33-3-218: Decision making capacity of recipient

IF: (1) (A) [Deleted by 2024 amendment.] (B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND (2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures, THEN (3) The person "lacks capacity" under this title for decision about that matter at this time. Amended by 2024 Tenn. Acts, ch. 688,s 66, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1; 2010 , ch. 734, § 1.

IF:

(1) (A) [Deleted by 2024 amendment.] (B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND

(A) [Deleted by 2024 amendment.]

(B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND

(2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures, THEN

THEN

(3) The person "lacks capacity" under this title for decision about that matter at this time.