Texas Health and Safety Code 574.004 – Duties of Attorney
Current as of: 2024 | Check for updates
|
Other versions
(a) An attorney representing a proposed patient shall interview the proposed patient within a reasonable time before the date of the hearing on the application.
(b) The attorney shall thoroughly discuss with the proposed patient the law and facts of the case, the proposed patient’s options, and the grounds on which the court-ordered mental health services are being sought. A court-appointed attorney shall also inform the proposed patient that the proposed patient may obtain personal legal counsel at the proposed patient’s expense instead of accepting the court-appointed counsel.
Terms Used In Texas Health and Safety Code 574.004
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Testify: Answer questions in court.
(c) The attorney may advise the proposed patient of the wisdom of agreeing to or resisting efforts to provide mental health services, but the proposed patient shall make the decision to agree to or resist the efforts. Regardless of an attorney’s personal opinion, the attorney shall use all reasonable efforts within the bounds of law to advocate the proposed patient’s right to avoid court-ordered mental health services if the proposed patient expresses a desire to avoid the services. If the proposed patient desires, the attorney shall advocate for the least restrictive treatment alternatives to court-ordered inpatient mental health services.
(d) Before a hearing, the attorney shall:
(1) review the application, the certificates of medical examination for mental illness, and the proposed patient’s relevant medical records;
(2) interview supporting witnesses and other witnesses who will testify at the hearing; and
(3) explore the least restrictive treatment alternatives to court-ordered inpatient mental health services.
(e) The attorney shall advise the proposed patient of the proposed patient’s right to attend a hearing or to waive the right to attend a hearing and shall inform the court why a proposed patient is absent from a hearing.
(f) The attorney shall discuss with the proposed patient:
(1) the procedures for appeal, release, and discharge if the court orders participation in mental health services; and
(2) other rights the proposed patient may have during the period of the court’s order.
(g) To withdraw from a case after interviewing a proposed patient, an attorney must file a motion to withdraw with the court. The court shall act on the motion as soon as possible. An attorney may not withdraw from a case unless the withdrawal is authorized by court order.
(h) The attorney is responsible for a person‘s legal representation until:
(1) the application is dismissed;
(2) an appeal from an order directing treatment is taken;
(3) the time for giving notice of appeal expires by operation of law; or
(4) another attorney assumes responsibility for the case.