alternative which is advantageous to the person. There shall be an offer to answer further
inquiries of the person.
(c) That a decision is or will be an exercise of free power of choice without
intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior
form of constraint or coercion, including promises or assurances of freedom or privileges.
The person shall be instructed that he or she is free to withdraw consent or to discontinue
an ongoing activity or participation at any time without prejudice.
(6) A board shall recommend those mental, physical, social, or educational
evaluations which it deems necessary to further ascertain the capacity of a person to give
informed consent or the need of a minor who is approaching the age of 18 for protective
services of a guardian, to determine if guardianship will promote and protect the well-
being of the person, or to arrive at a suitable guardianship design.
(7) If a majority of an informed consent board concludes that a person does not
have the capacity to make a decision or to rationally understand a situation, as required
for an informed consent, and if the board concludes that guardianship can promote
and protect the well-being of the person and recommends a guardianship request
designed to encourage the development of maximum self-reliance and independence in
the individual, then a director of the facility or program shall cause a proceeding for
guardianship to be commenced in the probate court. Steps taken to cause a proceeding
shall be in accordance with R 330.7003 and this rule on a facility's or program's role in
(8) If a majority of an informed consent board concludes that informed consent is
absent either because a person has not been made sufficiently aware of the procedures,
risks, other ramifications, benefits, or alternatives or because a decision is not voluntary,
as required for an informed consent, the director shall cause the individual to be provided
necessary information or, when possible, an opportunity for voluntary choice.
(9) If a majority of an informed consent board concludes that a person can give or
has given an informed consent or has the capacity to give an informed consent and has
refused to consent, the facility or the program director shall authorize the staff to act
(10) A parent or a responsible relative, a previously appointed current partial
guardian, or other interested person or entity shall be notified by the informed consent
board of a determination that a person cannot give an informed consent. More than 1
person or entity may be notified.
(11) A copy of an informed consent board's report shall be placed in the person's
History: 1979 AC; 1981 AACS; 2018 AACS.
R 330.6015 Emergency guardianship.
Rule 6015. (1) Whenever the life of a person presumed legally competent is
threatened, when there is doubt whether a person is capable of giving informed consent,
and when it is deemed necessary to undertake measures other than surgery or electro-
convulsive therapy or other procedures intended to produce convulsion or coma, a
facility or program director, without convening an informed consent board, may