Vermont § 7626 - Advance directive

§ 7626. Advance directive

• (a) If a person who is the subject of an application filed under section 7624 of this title has executed an advance directive in accordance with the provisions of chapter 231
  of this title, the court shall suspend the hearing and enter an order pursuant to
  subsection (b) of this section, if the court determines that: (1) the person is refusing to accept psychiatric medication; (2) the person is not competent to make a decision regarding the proposed treatment; and (3) the decision regarding the proposed treatment is within the scope of the valid, duly
  executed advance directive. (b) An order entered under subsection (a) of this section shall authorize the Commissioner
  to administer treatment to the person, including involuntary medication in accordance
  with the direction set forth in the advance directive or provided by the agent or
  agents acting within the scope of authority granted by the advance directive. If hospitalization
  is necessary to effectuate the proposed treatment, the court may order the person
  to be hospitalized. (c) [Repealed.] (d)(1) The Commissioner of Mental Health shall develop a protocol for use by designated hospitals
  for the purpose of educating hospital staff on the use and applicability of advance
  directives pursuant to chapter 231 of this title and other written or oral expressions
  of treatment preferences pursuant to subsection 7627(b) of this title. (2) Prior to a patient’s discharge or release, a hospital shall provide information to
  a patient in the custody or temporary custody of the Commissioner regarding advance
  directives, including relevant information developed by the Vermont Ethics Network
  and Office of the Mental Health Care Ombudsman. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2013, No. 192 (Adj. Sess.), §§ 14, 25.)