Iowa Administrative Code
Agency 481 - Inspections and Appeals Department
Inspections Division
Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI)
Rule 481-65.26 - Incompetent Residents

Each facility shall provide that all rights and responsibilities of incompetent residents devolve to the legal guardian when a hearing has been held and the resident is judged incompetent in accordance with state law. (II)

A facility is not absolved from advising incompetent residents of their rights to the extent the resident is able to understand them. The facility shall also advise the legal guardian, if any, and acquire a statement indicating an understanding of resident's rights. (II)

This rule is intended to implement Iowa Code sections 135C.14(8) and 135C.24.