Tex.
Health & Safety Code Section 597.049
Determination of Best Interest
(a)
The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client’s best interest and a determination that:(1)
a person has not been appointed as the guardian of the client’s person before the sixth day after proceedings are suspended under Section 597.048 (Review of Application)(f); or(2)
there is a medical necessity, based on clear and convincing evidence, that the determination about the proposed treatment occur before guardianship proceedings are completed.(b)
In making its determination of the best interest of the client, the committee shall consider fully the preference of the client as articulated at any time.(c)
According to its determination of the client’s best interest, the committee shall consent or refuse the treatment on the client’s behalf.(d)
The committee shall determine a date on which the consent becomes effective and a date on which the consent expires.(e)
A person serving on a committee who consents or refuses to consent on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.
Source:
Section 597.049 — Determination of Best Interest, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.597.htm#597.049 (accessed May 4, 2024).
