Advance directives can include mental health treatment
The widespread media coverage about the brain-damaged Florida woman, who had her life-sustaining feeding tube removed, has drawn considerable attention to the importance of having advance directives.
In addition to having a living will and a power of attorney for health care, there is a legal document you can sign that will help ensure your wishes related to mental health treatment are honored.
A declaration for mental health treatment enables you to name a person whom you trust to make specific mental health treatment decisions for you. The person is an "attorney-in-fact," similar to an agent that is named in a power of attorney for health care but with limited authority.
Your attorney-in-fact will have the legal right and responsibility to make limited health care treatment decisions concerning 1) admission for up to 17 days in a mental health facility, 2) psychotropic medication, and 3) electroconvulsive treatment.
An agent under a power of attorney for health care may make all the decisions that an attorney-in-fact may make. This advance directive is for individuals with specific mental health treatment views.
It is important that you talk to your doctor about advance directives. Your doctor may help you better explain your wishes to your agent or attorney-in-fact. In addition, you should make certain that you give a copy of your living will, power of attorney for health care and mental health treatment directive to your doctor.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.