If you are thinking about executing an advance directive for mental health treatment, read this first:
This document allows you to make decisions in advance about mental health treatment, which includes but is not limited to psychoactive medication, short-term (not to exceed 15 days) admission to a treatment facility, electroshock therapy and outpatient services. The instructions that you include in this
directive will be followed only if two physicians believe that you are “incapable”, which means that, due to any infirmity, you are currently unable to make or to communicate reasoned decisions regarding your mental health treatment.
Your instructions cannot limit the state’s authority to take you into protective custody, or to involuntarily admit or commit you to a treatment facility. Your instructions can be disregarded in an emergency if your instructions have not reduced the behavior that has caused the emergency. In a nonemergency,
you may be medicated contrary to your wishes only after an administrative review in which you are provided legal counsel.
You may also appoint a person as your representative to make treatment decisions for you if you become incapable. The person you appoint must act consistently with your wishes as expressed in this document or, if not stated, as otherwise known by your representative. If your representative does not
know your wishes, he or she must make decisions in your best interest. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person has the right to withdraw from acting as your representative at any time.
This document will continue in effect for a period of five years unless you become incapable. If this occurs, the directive will continue in effect until you are no longer incapable. You have the right to revoke this document in whole or in part at any time you have not been determined to be incapable. You
may not revoke this advance directive when you are determined incapable by two physicians. A revocation is effective when it is communicated to your treating physician or other provider.
This advance directive will not be valid unless it is signed by two qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature. Also, it must be accompanied by a written mental status examination performed by a physician or psychologist attesting
to your ability to make reasoned decisions about your mental health treatment.
If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you. Attorneys are available through the Mental Health Advocacy Service, 1 (800) 428-5432.