Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services
[12 VAC 35 ‑ 115]
It is essential that there be more options available for those who lack the capacity to make decisions for themselves! I work with individuals every day that have no family members to take on decision making responsibility. These individuals are often denied/delayed medical or psychiatric care because of liability issues. These individuals have the same rights as any citizen to receive adequate care, but lacking a guardian or Authorized Representative often deprives them of this right. Funding for legal guardianship appointment is limited or unavailable, so there must be realistic options for substiute decision making. Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.
Thank You for your attention to this very important matter!