Do You Need a Mental Health Advance Directive? Part III

Part 1 of this blog series introduced and explained the concept of Mental Health Advance Directives. Part 2 described the myriad of choices that a Mental Health Advance Directive may involve, in terms of what a client’s mental health treatment should look like under the directive. In this Part 3, I offer some thoughts on when you might want to consider executing a Mental Health Advance Directive.

As I noted my prior posts on this topic, a Mental Health Advance Directive is often quite complex. The vast majority of people do not need to execute this directive. When is it needed? I think the key can be found in the statute defining the key elements in Mental Health Advance Directives, RCW 71.32.020. Specifically, subsection (7) defines being “incapacitated” as:

 an adult who: (a) Is unable to understand the nature, character, and anticipated results of proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated benefits in treatments and alternatives, including non-treatment; or communicate his or her understanding or treatment decisions; or (b) has been found to be incompetent pursuant to RCW 11.88.010(1)(e).

Someone who has situational stress, such as a person who is going through a dissolution of a marriage or is facing a hostile work environment, may be seeking counseling – but in all probability will be able to “understand the nature, character, and anticipated results of proposed treatment” as set forth in the statute. However, someone who has a known, long-term mental health condition may recognize that, due to the nature of that condition, at times they may not understand the implications of a proposed treatment or may not consent to treatment that they in fact want and need.

If you’ve ever had a mental illness that resulted in a temporary loss of capacity, or if you have legitimate concerns that you may develop this sort of mental illness in the future, then entering into a Mental Health Advance Directive might be an excellent idea. If you’re not sure, please discuss this issue both with your attorney and your mental health provider. We are happy to work with you to make sure you make the best choices possible.

Photo credit: Luke Detwiler on Flickr