In my previous post, I introduced the concept of a Mental Health Advance Directive. In this post, I will address the types of choices you will be able to make in such a directive. RCW 71.32.050(3) sets forth the types of issues that a Mental Health Advance Directive can address:
(a) The principal’s preferences and instructions for mental health treatment;
(b) Consent to specific types of mental health treatment;
(c) Refusal to consent to specific types of mental health treatment;
(d) Consent to admission to and retention in a facility for mental health treatment for up to fourteen days;
(e) Descriptions of situations that may cause the principal to experience a mental health crisis;
(f) Suggested alternative responses that may supplement or be in lieu of direct mental health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter 11.94 RCW to make mental health treatment decisions on the principal’s behalf, including authorizing the agent to provide consent on the principal’s behalf to voluntary admission to inpatient mental health treatment; and
(h) The principal’s nomination of a guardian or limited guardian as provided in RCW 11.94.010 for consideration by the court if guardianship proceedings are commenced.
In addition, per RCW 71.32.080(b), the Mental Health Advance Directive should also state whether the person signing it can revoke the directive in a period of incapacity. Unless the directive specifically allows for this exception, the directive can only be revoked when the individual who signed it has capacity.
A Mental Health Advance Directive is a complex document, offering a myriad of choices to be analyzed, discussed with an attorney and mental health professionals, and carefully drafted. In addition to working with counsel, clients should also work with their mental health professionals in order to make sure all of their questions and concerns are addressed.
Photo credit: Freddie Phillips on Flickr
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