2005 Idaho Code - 66-606 — POWERS OF AGENT

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 6
                   DECLARATIONS FOR MENTAL HEALTH TREATMENT
    66-606.  POWERS OF AGENT. (1) An agent who has accepted the appointment in
writing may make decisions about mental health treatment on behalf of the
principal only when the principal is incapable. The decisions must be
consistent with desires the principal has expressed in the declaration.
    (2)  Except to the extent the right is limited by the declaration or any
federal law, an agent has the same right as the principal to receive
information regarding the proposed mental health treatment and to receive,
review and consent to disclosure of medical records relating to that
treatment. This right of access does not waive any evidentiary privilege.
    (3)  In exercising authority under the declaration, the agent has a duty
to act consistently with the desires of the principal as expressed in the
declaration. If the principal's desires are not expressed in the declaration
and not otherwise known by the agent, the agent has a duty to act in what the
agent in good faith believes to be the best interest of the principal.
    (4)  An agent is not subject to criminal prosecution, civil liability or
professional disciplinary action for an action taken in good faith under a
declaration for mental health treatment. The agent is not, as a result of
acting in that capacity, personally liable for the cost of treatment provided
to the principal.

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