Can the MOLST be used for any persons with mental retardation or developmental disabilities or persons with mental illness?
In the inpatient setting, the MOLST form may be completed by persons with mental retardation or developmental disabilities or persons with mental illness with capacity (capable of making their own decisions). The MOLST may be completed for persons with mental retardation or developmental disabilities or persons with mental illness who lack capacity in accordance with Surrogate’s Court Procedure Act ยง1750-B; however, legal counsel should be consulted. In the community, the MOLST form may be completed by persons with mental retardation or developmental disabilities or persons with mental illness with capacity (capable of making their own decisions). The Chapter Amendment provides for a carve-out, such that authorization does not extend the use of the MOLST form to persons with mental retardation or developmental disabilities or persons with mental illness who lack capacity.
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