RCW 71.32.110
Determination of capacity.
(1) For the purposes of this chapter, a principal, agent, professional person, or health care provider may seek a determination whether the principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the principal's agent;
(ii) One mental health professional or substance use disorder professional and one health care provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under (a)(ii) or (iii) of this subsection must be a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, or a psychiatric advanced registered nurse practitioner.
(3) When a professional person or health care provider requests a capacity determination, he or she shall promptly inform the principal that:
(a) A request for capacity determination has been made; and
(b) The principal may request that the determination be made by a court.
(4) At least one mental health professional, substance use disorder professional, or health care provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a principal has capacity, the court shall, at a minimum, be informed by the testimony of one mental health professional or substance use disorder professional familiar with the principal and shall, except for good cause, give the principal an opportunity to appear in court prior to the court making its determination.
(b) To the extent that local court rules permit, any party or witness may testify telephonically.
(6) When a court has made a determination regarding a principal's capacity and there is a subsequent change in the principal's condition, subsequent determinations whether the principal is incapacitated may be made in accordance with any of the provisions of subsection (2) of this section.
[ 2021 c 287 § 11; 2016 c 155 § 13; 2003 c 283 § 11.]
Structure Revised Code of Washington
Chapter 71.32 - Mental Health Advance Directives.
71.32.010 - Legislative declaration—Findings.
71.32.030 - Construction of definitions.
71.32.040 - Presumption of capacity.
71.32.050 - Execution of directive—Scope.
71.32.060 - Execution of directive—Elements—Effective date—Expiration.
71.32.070 - Prohibited elements.
71.32.080 - Revocation—Waiver.
71.32.100 - Appointment of agent.
71.32.110 - Determination of capacity.
71.32.120 - Action to contest directive.
71.32.130 - Determination of capacity—Reevaluations of capacity.
71.32.140 - Refusal of admission to inpatient treatment—Effect of directive.
71.32.150 - Compliance with directive—Conditions for noncompliance.
71.32.160 - Electroconvulsive therapy.
71.32.170 - Providers—Immunity from liability—Conditions.
71.32.180 - Multiple directives, agents—Effect—Disclosure of court orders.
71.32.190 - Preexisting, foreign directives—Validity.
71.32.200 - Fraud, duress, undue influence—Appointment of guardian.
71.32.210 - Execution of directive not evidence of behavioral health disorder or lack of capacity.
71.32.220 - Requiring directive prohibited.
71.32.230 - Coercion, threats prohibited.
71.32.240 - Other authority not limited.
71.32.270 - Family-initiated treatment.
71.32.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.