Section 10Sec./Art. 10

Legal Representative. - A service user may designate a person of lega; age to act as his or her legal representative through a notarized document executed for that purpose.

(a) Functions. A service use's legal representative shall:

(1) Provide the service user with support and help: represent his or her interests; and receive medical information about the service user in accordance with this Act;

(2) Act as substitute decision maker when the service user has been assessed by a mental health professional to have temporary impairment of decision-making capacity;

(3) Assist the service user vis-a-vis the exercise of any right provided under this Act; and

(4) Be consulted with respect to any treatment or therapy received by the service user. The appointment of a legal representative may be revoked by the appointment of a new legal representative or by a notarized revocation.

(b) Declining an Appointment. A person thus appointed may decline to act as a service user's legal representative. However, a person who declines to continue being a service user's legal representative must take reasonable steps to inform the service user, as well as the service user's attending mental health professional or worker, of such decision.

(c) Failure to Appoint. - If the service user fails to appoint a legal representative, the following persons shall act as the service user's representative, in the order provided below:

(1) The spouse, if any, unless permanently separated from the service user by a decree issued by a court of competent jurisdiction, or unless such spouse has abandoned or been abandoned by the service user for any period which has not yet come to an end:

(2) Non-minor children;

(3) Either parent by mutual consent, if the service user is a minor;

(4) Chief, administrator, or medical director of a mental health care facility; or

(5) A person appointed by a Court.