Legally Incompetent Patients

(1) Psychotropic medication and/or physical treatment shall be administered to and release of information shall be authorized for a legally incompetent patient only: (a) With the voluntary, informed consent of the conservator, or (b) If the conservator is unavailable, under the same circumstances and procedures as a patient who lacks capacity under Rule 0940-01-02-.08, but not for more than ninety (90) days, or (c) In emergencies under Rule 0940-01-02-.07. (2) A conservator to whom a court has granted the authority to make treatment decisions for a patient has all the rights, powers, and privileges granted to the patient. (3) A TRC shall not override a decision by a parent, legal custodian, or legal guardian of a minor patient or a conservator of an adult patient. (4) If informed consent is required for psychotropic medication, physical treatment, and/or release of information and the conservator is consistently unavailable, the Chief Executive Officer or designee shall be informed and shall seek appointment of an alternative conservator.