Guam § 82803 - Right to Release on Application.

§ 82803. Right to Release on Application.

(a) A voluntary patient who requests his release or whose release is

requested, in writing by his legal guardian, parents, spouse, or adult next of

kin shall be released forthwith, except that:

(1) If the patient was admitted on his own application and the

request for release is made by a person other than the patient, release

may be conditioned upon the agreement of the patient thereto; and

(2) If the patient, by reason of his age, was admitted on the

application of another person, his release prior to becoming eighteen

(18) years of age may be conditioned upon the consent of his parent or

guardian; and

(3) If the qualified mental health professional of the designated

facility within forty- eight (48) working hours from the receipt of the

request, files with the Superior Court or a judge thereof, a 72-hour hold

certificate, that in his opinion the release of the patient would be unsafe

for the patient or others, release may be postponed, pursuant to this

Chapter.

(b) Notwithstanding any other provision of this Chapter, judicial

proceedings for hospitalization shall not be commenced with respect to a

voluntary patient unless release of the patient has been requested by himself

or the individual who applied for his admission.

COL622016