H. B. 4555
(By Delegate Staggers)
[Introduced
February 18, 2010
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §27-8-4, relating to
permitting persons with schizophrenic "reality disorder" two
opportunities to sign a durable power of attorney.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §27-8-4, to read as
follows:
ARTICLE 8. MAINTENANCE OF MENTALLY ILL OR MENTALLY RETARDED
PATIENTS.
§27-8-4. Durable power of attorney.
(a) All individuals diagnosed with a schizophrenic reality
disorder shall have two opportunities to sign a durable power of
attorney. The power of attorney functions to give a caregiver
power over the individuals care, in the event that the individual becomes a danger to him or herself or others. The first
opportunity to sign is when the individual is initially diagnosed
with the reality disorder. The second opportunity to sign is at
any time after the individual is committed to a mental health
facility.
(b) The power of attorney can be rescinded by a court or the
patient's long-term medical care professional.
NOTE: The purpose of this bill is to permit individuals with
schizophrenic "reality disorder," two opportunities to sign a
durable power of attorney.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
.