Ill. Admin. Code tit. 77, § 385.1400 - Facility Admission
a) Before a
person is admitted to a facility, or at the expiration of the period of a
previous contract, a written contract shall be executed between a licensee and
client or client's representative.
b) An adult person shall be presumed to have
the capacity to contract for admission to a residential facility for persons
with HIV disease unless adjudicated a "disabled person" within the meaning of
Section 11a-2 of the Probate Act of 1975 (Ill. Rev. Stat. 1991, ch. 1101/2,
par. 1-2 et seq.) [755 ILCS 5 ], or unless a petition for such an adjudication
is pending in a circuit court of Illinois.
c) If there is no guardian, agent or member
of the person's immediate family available, able, or willing to execute the
contract and a physician determines that a person is so disabled as to be
unable to consent to placement in a facility, or if a person has already been
found to be a "disabled person," but no order has been entered allowing
residential placement of the person, that person may be admitted to a facility
before the execution of a contract required by this Section; provided that a
petition for guardianship or for modification of guardianship is filed within
15 days after the person's admission to a facility, and provided further that
such a contract is executed within ten days after the disposition of the
petition.
d) Facilities shall
ensure that all forms, agreements, and signage which carry information
significant to the clients shall be available, and worded so as not to be
confusing to the reader.
Notes
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