The Importance of Advance Instructions for Mental Health
Estate planning is not just about creating a Will or leaving assets to your loved ones. Other goals include (i) designating specific people to make decisions for your mental and physical health care if you become incapacitated by injury or illness and (ii) giving advance instructions for your care. A Health Care Power of Attorney and Advance Directive can address mental and physical health care together in one document. You may also choose to create one document with instructions for physical health care and a different document with instructions for mental health care and name different people to make decisions for you when you cannot. In this article we will discuss only advance instructions for mental health.
Advance Instruction for Mental Health
An advance instruction devoted to mental health treatment gives you the ability to grant or withhold authority for specific mental health treatments, including but not limited to, the use of psychotropic medication, electroconvulsive treatment (ECT), and admission and retention in a facility for treatment of mental illness. Although you may not be capable of making decisions in the midst of a severe mental health event, you can make those decisions in advance while you are in a clearer state of mind. Unless you indicate otherwise, within legal boundaries, your medical providers and health care agent must abide by your advance instructions.
An advance instruction for mental health can also provide information to produce better treatment outcomes, such as who should be informed in the event of a mental health crisis, what medications you are currently taking, what reactions you have experienced to past medications, and what treatments and type of facility should work best for you. This is a particularly helpful document for anyone who has a diagnosed mental health condition, because it will alert your health care agent and medical personnel to treatment issues you know of and avoid treatments which have adversely affected you in the past.
Creating an Advance Instruction
If you would like to create an advance instruction for mental health treatment, Attorney Annette Rhodes would be glad to assist you. It is important to speak with an attorney when creating any legal document to make sure you understand your options and the full effect of any document you are contemplating.
If you create an advance instruction for mental health, you should provide a copy of the document to your named agents, trusted family members or friends, and any attending physicians. You will need someone who can advocate for you. You can also register the document with the North Carolina Secretary of State, where it will be saved in a database accessible by physicians and emergency medical personnel in the event of a crisis. Instructions for registering your advance instruction can be found on the Secretary of State’s website or at this link: NCAHCEFM210402_AHCDR_forms_AFA6 (sosnc.gov)
What are my mental health care rights?
Mental health care administered in a facility is subject to many legal requirements. North Carolina law requires that facilities assure to each client the right to live as normally as possible while receiving care and treatment. Basic human rights of every client are protected under the law, including dignity, privacy, humane care, and freedom from mental and physical abuse, neglect, and exploitation. Additionally, every person who has been admitted to and receives services from a facility has (i) the right to an individualized treatment plan to maximize the development or restoration of capabilities and (ii) the right to treatment, including access to medical care and habilitation, regardless of age or degree of mental illness, disability, or substance abuse.
Facilities may administer mental health treatments and medications only under a physician’s order. You (or, if you are incapacitated, your mental health care agent in accordance with your advance instruction) will have the right to accept or refuse treatments offered by the facility. Such consent can be withdrawn at any time. You also have the right to be free from unnecessary or excessive medication. Facilities are prohibited from using medications to punish a client or for staff convenience.
Having an advance instruction for mental health care and choosing a strong advocate as your mental health care agent will help to ensure that your mental health care follows the law and is in line with what treatments work best for you, giving you the best possible treatment and outcome.
We hope you will consider preparing for your future health care – mental and physical – in your estate plan. Annette Rhodes and her team at Rhodes Law Firm, PLLC, would be honored to help you with any estate planning you are considering. Contact us through our website or by phone at 919-435-3646 to set up an appointment. Contact Us | Rhodes Law Firm | Wake Forest, NC
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