INDIVIDUAL RIGHTS
- (a) An individual may not be deprived of rights as provided under § 6400.32 (relating to rights of the individual).
- (b) The home shall educate, assist and provide the accommodation necessary for the individual to make choices and understand the individual’s rights.
- (c) An individual may not be reprimanded, punished or retaliated against for exercising the individual’s rights.
- (d) A court’s written order that restricts an individual’s rights shall be followed.
- (e) A court-appointed legal guardian may exercise rights and make decisions on behalf of an individual in accordance with the conditions of guardianship as specified in the court order.
- (f) An individual who has a court-appointed legal guardian, or who has a court order restricting the individual’s rights, shall be involved in decision-making in accordance with the court order.
- (g) An individual has the right to designate persons to assist in decision-making and exercising rights on behalf of the individual.
Authority
The provisions of this § 6400.31 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § § 201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
Source
The provisions of this § 6400.31 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial page (381940).