Texas Health and Safety Code 597.049 – Determination of Best Interest
Current as of: 2024 | Check for updates
|
Other versions
(a) The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client’s best interest and a determination that:
(1) a person has not been appointed as the guardian of the client’s person before the sixth day after proceedings are suspended under § 597.048(f); or
(2) there is a medical necessity, based on clear and convincing evidence, that the determination about the proposed treatment occur before guardianship proceedings are completed.
(b) In making its determination of the best interest of the client, the committee shall consider fully the preference of the client as articulated at any time.
Terms Used In Texas Health and Safety Code 597.049
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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
(c) According to its determination of the client’s best interest, the committee shall consent or refuse the treatment on the client’s behalf.
(d) The committee shall determine a date on which the consent becomes effective and a date on which the consent expires.
(e) A person serving on a committee who consents or refuses to consent on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.