Sec. 5. (a) This section applies to a patient who: (1) receives mental health services; and (2) is mentally incompetent. (b) A patient described in subsection (a) shall provide consent for mental health treatment through the informed consent of one (1) of the following: (1) The patient's legal guardian or other court appointed representative. (2) The patient's health care representative under IC 16-36-1. (3) An attorney in fact for health care appointed under IC 30-5-5-16.
(4) The patient's health care representative acting in accordance with the patient's psychiatric advance directive as expressed in a psychiatric advance directive executed under IC 16-36-1.7. (5) The patient's health care representative conferred under IC 16-36-7. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.4; P.L.16-2004, SEC.2; P.L.50-2021, SEC.38.