Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 6400.31. Exercise of rights.


§ 6400.31. Exercise of rights.

 (a)  An individual may not be deprived of rights as provided under §  6400.32 (relating to rights of the individual).

 (b)  The home shall educate, assist and provide the accommodation necessary for the individual to make choices and understand the individual’s rights.

 (c)  An individual may not be reprimanded, punished or retaliated against for exercising the individual’s rights.

 (d)  A court’s written order that restricts an individual’s rights shall be followed.

 (e)  A court-appointed legal guardian may exercise rights and make decisions on behalf of an individual in accordance with the conditions of guardianship as specified in the court order.

 (f)  An individual who has a court-appointed legal guardian, or who has a court order restricting the individual’s rights, shall be involved in decision-making in accordance with the court order.

 (g)  An individual has the right to designate persons to assist in decision-making and exercising rights on behalf of the individual.


   The provisions of this §  6400.31 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § §  201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §  4201(2)).


   The provisions of this §  6400.31 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial page (381940).

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