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Advance Directives for Planning Mental Health Care
 How Might My Instructions Otherwise Be Challenged?
 

You, your agent, your guardian (if you have one), a health care provider involved with your care, an adult friend or relative, or the Department of Human Services' Bureau of Elder and Adult Services can ask a probate court to order that your instructions or a decision of your agent not be honored.

Some arguments that could be raised might include:

  • You were incapacitated when you wrote the instructions.
  • When you wrote the instructions you lacked information - maybe about a new service that you couldn't have known about-so that your instructions can't be considered informed as to the services.
  • To carry out your instructions would endanger your life.
  • To carry out your instructions might harm other individuals.

 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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