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Advance Directives for Planning Mental Health Care

For Planning Mental Health Care

3rd Edition, 2009

This manual was prepared and published by Disability Rights Center of Maine (DRC)through its Protection & Advocacy for Individuals with Mental Illness Program (PAIMI). The PAIMI program is funded by a grant from the Center for Mental Health Services of the U.S. Department of Health and Human Services.

Preparation of this manual was supported by a grant from ATTAC, Advocacy Training/Technical Assistance Center with funds from the Center for Mental Health Services.

Publication was supported by a grant from the Maine Bar Foundation.

This manual is available in other formats as requested, such as on audiotape, in large print or in Braille.

Disability Rights Center does not discriminate on the basis of sex, race, color, national origin, disability or age in its programs or activities. DISABILITY RIGHTS CENTER is a non-profit 501(c)(3) corporation. Donations are tax deductible and gratefully accepted.


A spiral bound copy of this manual may be purchased for $2.64 (free to clients) by calling 1-800-452-1948 or e-mailing us at advocate@drcme.org 

You may download this document in MS Word FREE using the link below.

Advance Directive 3rd edition.doc


 Introduction
 What is an Advance Health Care Directive?
 How do I Give My Advance Health Care Instructions?
 What Is A Power Of Attorney?
 How do I Name My Agent?
 Are There Advantages to Having Both A Power Of Attorney and Health Care Instructions?
 When Do I Have Capacity To Write My Instructions and Power Of Attorney?
 Do I Need To Include Proof of My Capacity with the Document?
 When Would My Advance Directive Take Effect?
 If I Choose to Have My Advance Directive Become Effective at Some Time other that When I am Determined Incapacitated, will that Affect How My Instructions are Carried Out?
 How Will I Be Determined Incapacitated?
 If a Guardian is Appointed for me after I write an Advance Directive, Does the Guardian Have To Follow My Instructions?
 Can I Change or Revoke My Instructions or Power Of Attorney?
 What Types of Instructions Might I Include In the Directive?
 What Do I Need To Do To Get My Instructions Carried Out?
 Do Health Care Providers Have to Follow My Instructions?
 How Might My Instructions Otherwise Be Challenged?
 How do my Instructions Affect Involuntary Treatment?
 What Can I Do If My Health Care Instructions Aren't Being Followed?
 Conclusion
 FORMS
 Form 1 - Advance Directive
 Form 2 - Certificate of Capacity
 Form 3 - Wallet Card
 View Entire Publication

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Disability Rights Center P.O. Box 2007, Augusta, Maine 04338-2007 1-800-452-1948 (v/tty) Advocate@drcme.org