Rule 5.900. Expedited Judicial Intervention Concerning Medical Treatment Procedures

(a) Petition. Any proceeding for expedited judicial intervention concerning medical treatment procedures may be brought by any interested adult person and shall be commenced by the filing of a verified petition which states:

(1) the name and address of the petitioner;
(2) the name and location of the person who is the subject of the petition (hereinafter referred to as the “patient”);
(3) the relationship of the petitioner to the patient;
(4) the names, relationship to the patient, and addresses if known to the petitioner, of:

(A) the patient’s spouse and adult children;
(B) the patient’s parents (if the patient is a minor);
(C) if none of the above, the patient’s next of kin;
(D) any guardian and any court-appointed health care decision-maker; 
(E) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity;
(F) the administrator of the hospital, nursing home, or other facility where the patient is located; 
(G) the patient’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the patient relevant to this petition; and
(H) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and 

(5) facts sufficient to establish the need for the relief requested, including, but not limited to, facts to support the allegation that the patient lacks the capacity to make the requisite medical treatment decision.

(b) Supporting Documentation. Any affidavits and supporting documentation, including any living will or designation of health care decisionmaker, shall be attached to the petition.

(c) Notice. Unless waived by the court, notice of the petition and the preliminary hearing shall be served on the following persons who have not joined in the petition or otherwise consented to the proceedings:

(1) the patient;
(2) the patient’s spouse and the patient’s parents, if the patient is a minor;
(3) the patient’s adult children;
(4) any guardian and any court-appointed health care decisionmaker; 
(5) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity;
(6) the administrator of the hospital, nursing home, or other facility where the patient is located;
(7) the patient’s principal treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the patient relevant to this petition;
(8) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and
(9) such other persons as the court may direct.

(d) Hearing. A preliminary hearing on the petition shall be held within 72 hours after the filing of the petition. At that time the court shall review the petition and supporting documentation. In its discretion the court shall either:

(1) rule on the relief requested immediately after the preliminary hearing; or
(2) conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing.