HAR §11-175-36. Civil rights

(a) Psychiatric facilities and residential treatment facilities shall presume that adult consumers are legally competent unless a court has determined otherwise, and shall establish policies and procedures for exercise of civil rights by consumers. Such policies shall include but not be limited to: (1) The right to be granted, forfeit, or be denied a license, permit, privilege, or benefit pursuant to any law, except a drivers license which may be revoked or conditioned; (2) The right to dispose of property; execute legal documents, including a will, enter into contractual relationships, and to marry, obtain a separation, divorce or annulment; (3) The right to make purchases; (4) The right to freedom of speech; (5) The right to register and to vote; (6) The right to engage in religious practices. (b) The administrator of a psychiatric facility or residential treatment facility or the chief of a service area center shall petition the court for a finding of incapacity and appointment of a guardian to make informed decisions on behalf of a consumer if no guardian or attorney-in-fact has Been appointed and; (1) If it is clinically determined that a consumer, from whom informed consent is 175 - 31 2.7.62 11-175-36 required for treatment, release of information, or other procedure which requires consent is incapacitated; or (2) If it is determined that a consumer, who by statute may exercise a civil right, should be prohibited from exercising that right. (c) A staff member of a facility, service area center, or contract agency providing mental health or substance abuse services to a consumer shall not serve as guardian for the consumer. (d) Psychiatric facilities and residential treatment facilities shall designate accessible areas in which smoking is permitted or as allowed by law, designate themselves nonsmoking. [Eff. and comp DEC 30 1988; am and comp OCT 19 2007] (Auth: HRS §321-9) (Imp: HRS §§334-61, 334E-2)