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Advance Directives for Planning Mental Health Care
 What Can I Do If My Health Care Instructions Aren't Being Followed?
 

If your advance directive isn't being followed, the probate court can be asked to order that it be followed.

The following people can ask the Probate Court for help:

  • You,
  • Your agent,
  • Your guardian, (if you have one),
  • A health-care or social services provider or institution involved with your care,
  • The Bureau of Elder and Adult Services of the Department of Human Services or
  • An adult relative or adult friend.

Any one of these people can ask the court to do what is needed to get your advance directive followed. That might mean they are asking the court to stop a health care decision from going into effect, to require it to go into effect, or to make any other appropriate order regarding your health care.


 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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