Texas Health and Safety Code 242.845 – Authorized Electronic Monitoring: Who May Request
Current as of: 2024 | Check for updates
|
Other versions
(a) If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under this subchapter, notwithstanding the terms of any durable power of attorney or similar instrument.
(b) If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under this subchapter.
Terms Used In Texas Health and Safety Code 242.845
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Rule: includes regulation. See Texas Government Code 311.005
(c) If a resident does not have capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under this subchapter. The executive commissioner by rule shall prescribe:
(1) guidelines that will assist institutions, family members of residents, advocates for residents, and other interested persons to determine when a resident lacks the required capacity; and
(2) who may be considered to be a resident’s legal representative for purposes of this subchapter, including:
(A) persons who may be considered the legal representative under the terms of an instrument executed by the resident when the resident had capacity; and
(B) persons who may become the legal representative for the limited purpose of this subchapter under a procedure prescribed by the executive commissioner.