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Advance Directives for Planning Mental Health Care
 Introduction
 

Advance directives have been used in the field of general health care for several years. They were originally called "living wills". They are now available to direct mental health care as well. Advance directives for mental health care are fairly new.

This manual is designed to help you:

  • Learn more about an advance directive for mental health care.
  • Decide whether you want one.
  • Develop an advance directive for mental health care.
  • Know what questions to ask if you have someone help you write one.
  • Use your advance directive for mental health care.
  • Know about some problems in using one.

There are two laws in Maine that cover advance directives-"The Uniform Health Care Decisions Act" and the "Medical Treatment of Psychotic Disorders Act". This manual is designed for using the "Uniform Health Care Decisions Act." This is a law that gives an individual more choices and has more protections.

This manual has been prepared as public service. It is not legal advice. Doing an advance directive is not always easy and how it will be carried out is not guaranteed. You should consult a lawyer, if you can, if you have legal questions.


 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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