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Advance Directive For Mental Health

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An Advance Directive for Mental Health assures that your wishes about mental health treatment will be carried out if you lose your mental capacity. It is a legal document that appoints a person (a Proxy) to make decisions about treatment for mental issues if you become mentally incompetent and unable to make such decisions for yourself.

Advance Directives for Mental Health are controlled by state law. For example, state law determines what is to be included in the document, how it is executed, and how it can be revoked. In many states, mental health directives can be included in advance directives which relate to your physical health care so there is no need for a separate document. In some states, a separate document is required.

You must be "competent" (mentally okay) at the time you execute the document.

Before executing an Advance Directive for Mental Health, choose a person you trust to carry out your wishes even if there is push back from other family members or the medical establishment. Tell your proxy your general thoughts, as well as your thoughts about specific treatments and facilities if you have them. Also let your proxy know about our following article if needed: How To Enforce A Living Will And Other Advance Directives. 

Like other advance directives, Advance Directives For Mental Health are free. There is no need to engage a lawyer to create an Advance Directive for Mental Health or to oversee its execution.

For more information about these subjects, including a link to the law in your state, see:

NOTE: Also consider executing one or more of the various types of advance directives that relate to health care, and a Durable Power Of Attorney which governs your finances. 


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