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Advance Directives for Planning Mental Health Care
 When Would My Advance Directive Take Effect?
 power of attorney that you want it to take effect right away. If you do it this way and you want it to remain in effect even if you should become incapacitated, you have to:
  • say in the document that you want it to remain in effect should you become incapacitated,
  • call it a "durable health care power of attorney" if you are including a power of attorney, or
  • say the advance directive was drafted under the authority of the Uniform Health Care Decisions Act.

The forms in the back of this manual are all of the kind that take effect later. If you want one that will take effect immediately, you need to amend the form.

How to make your advance directive take effect later. If you write your advance directive to take effect at a later date, you will be speaking for yourself and making your own decisions up until that time. If you choose to have the advance directive take effect later you have to:

  • state when you want it to be effective, such as, upon being determined to be incapacitated, or, while admitted to certain types of treatment, such as psychiatric hospitalization.

What happens if you say nothing about when it becomes effective. If you say nothing, your advance directive becomes effective when you are determined to be incapacitated and stops being effective when you get capacity back

 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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