Disability Rights Center

Advance Directives for Planning Mental Health Care
	How do I Name My Agent?
	The power of attorney MUST be in writing. You MUST have the document signed by two witnesses. Neither of the witnesses may be the person you name as your agent. There is no required form. A suggested form is attached at the end of this manual.

	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

View all Publications