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Advance Directives for Planning Mental Health Care
 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?
 

You may choose to have your advance directive become effective with some event other than a determination of incapacity. There can be problems, however, in getting your advance directive carried out if this is the only option you choose for when your advance directive becomes effective.

As long as you have capacity, you may revoke your advance directive. So, if you want your advance directive to come into effect with an event other than incapacity, but object to receiving treatment at that time, you won't receive the treatment. This is so because you have capacity to refuse the treatment and to revoke your advance directive.

To protect against this problem, some people choose to include more than one alternative as to when their advance directive will become effective. In the form in the back of this book, there are several options included for when an advance directive may become effective. Some individuals select more than one option. For example, it could become effective when you have been determined to lack capacity OR when a qualified professional determines that you meet standards for an involuntary admission to a psychiatric hospital.


 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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