Tennessee § 33-3-102 - Specific rights protected.

§ 33-3-102. Specific rights protected.

No person with mental illness, serious emotional disturbance, or developmental disability hospitalized or admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, shall, solely by reason of the hospitalization, admission, or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless; The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or The denial is authorized by state or federal statute. No person shall make decisions for a service recipient on the basis of a claim to be the service recipient's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 9; 2004, ch. 565, § 2. Compiler's Notes. The former last undesignated paragraph of (a) which read: “If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the aforementioned rights, the chief officer shall notify immediately the service recipient and the service recipient's attorney, parent, legal custodian, spouse or other nearest known adult relative of the fact, and the chief officer may file for the appointment of a conservator and shall notify those persons as to whether the chief officer intends to do so.” was transferred to § 33-4-110 in 2002. Cross-References. Informing patients of rights, § 33-4-105 . Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mental Illness, Intellectual Disabilities, and Other Incapacities, § 12. Law Reviews. Civil Commitment in Tennessee — What Process is Due? (W. Russell Stambaugh), 8 Mem. St. U.L. Rev. 135 (1978).