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Session Laws, 1963
Volume 671, Page 365   View pdf image (33K)
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J. MILLARD TAWES, Governor                      367

(c)  No provision of this compact shall be construed to alter or
affect any internal relationships among the departments, agencies
and officers of and in the government of a party state, or between a
party state and its subdivisions, as to the payment of costs, or
responsibilities therefor.

(d)  Nothing in this compact shall be construed to prevent any
party state or subdivision thereof from asserting any right against
any person, agency or other entity in regard to costs for which such
party state or subdivision thereof may be responsible pursuant to
any provision of this compact.

(e)  Nothing in this compact shall be construed to invalidate any
reciprocal agreement between a party state and a non-party state
relating to institutionalization, care or treatment of the mentally ill
mentally deficient, or any statutory authority pursuant to which such
agreement may be made.

Article VIII
328.

"(a) Nothing in this compact shall be construed to abridge,
diminish, or in any way impair the rights, duties, and responsibilities
of any patient's guardian on his own behalf or in respect of any
patient for whom he may serve, except that where the transfer of
any patient to another jurisdiction makes advisable the appointment
of a supplemental or substitute guardian, any court of competent
jurisdiction in the receiving state may make such supplemental or
substitute appointment and the court which appointed the previous
guardian shall upon being duly advised of the new appointment,
and upon the satisfactory completion of such accounting and other
acts as such court may by law require, relieve the previous guardian
of power and responsibility to whatever extent shall be appropriate
in the circumstances; provided, however, that in the case of any
patient haying settlement in the sending state, the court of com-
petent jurisdiction in the sending state shall have the sole discre-
tion, to relieve a guardian appointed by it or continue his power and
responsibility, whichever it shall deem advisable. The court in the
receiving state may in its discretion, confirm or reappoint the person
or persons previously serving as guardian in the sending state in lieu
of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this ar-
ticle shall include any guardian, trustee, legal committee, conservator,
or other person or agency however denominated who is charged by
law with power to act for or responsibility for the person or property
of a patient.

Article IX
329.

"(a) No provision of this compact except Article V shall apply
to any person institutionalized while under sentence in a penal or
correctional institution or while subject to trial on a criminal charge,
or whose institutionalization is due to the commission of an offense
for which, in the absence of mental illness or mental deficiency, said
person would be subject to incarceration in a penal or correctional
institution.


 

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Session Laws, 1963
Volume 671, Page 365   View pdf image (33K)
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