Section 16.03.11.202 - APPOINTED ADVOCATEThe administrator of an ICF/IID must appoint an advocate for an individual with input from the individual's IDT when the following exists:
01.Parent or Legal Guardian Unable to Participate. The individual's parent or legal guardian is unable or unwilling to participate, or is unavailable after reasonable efforts to contact them for participation have been made.02.Individual Unable to Make Informed Decisions. An individual "lacks capacity to make informed decisions" as defined in Section 66-402(9), Idaho Code. The IDT must determine and document in the individual's record the specific impairment that has rendered the individual incapable of understanding their own rights.03.Requested by Individual, Parent, or Guardian. An advocate is requested by the individual, their parent, or their guardian.04.Advise Individual of Rights. The fact that an individual has been determined to be incompetent or incapable does not absolve the facility from advising the individual of their rights to the extent that the individual is able to understand them.05.Advocate Selection. The administrator must ensure that all individuals are represented only by persons who are not employed by the facility. The priority for selection of advocates will be in the following order: b. An interested family member; orc. Other interested parties.Idaho Admin. Code r. 16.03.11.202