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Mental Health Surrogate Decision Making: Navigating Legal Requirements and Resources

Understand the intricacies of selecting a health care surrogate for mental health decisions. Learn about legal requirements, resources, and steps to ensure your treatment preferences are honored when you are unable to communicate. Empower yourself with knowledge and proactive planning.

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Mental Health Surrogate Decision Making: Navigating Legal Requirements and Resources

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  1. Mental Health Surrogate Decision Making

  2. What is in a name • Power of attorney • Health Care Surrogate • Proxy • Advance Directive • “Mental Health”_________ • Psychiatric Advance Directive • Different states use opposite names with different rights

  3. State Individualism • Each State has different minimum requirements for validity • Written w/ 2 disinterested witnesses and notary • Each State chooses whether to accept document signed by other state standards • Remember name confusion and affect on medical providers • Varying standards for forced treatment

  4. Resources • Local Attorney • NAMI • www.nami.org • Bazelon Center for Mental Health • www.bazelon.org • National Resource Center on Psy A.D. • www.nrc-pad.org • Treatment Advocacy Center • www.treatmentadvocacycenter.org

  5. Goal • Empower you to direct and at the very least inform of your preferences in treatment when you are least able.

  6. Roadblocks to success • Never expressing your preferences in writing • No common system to communicate the existence of your preference • Issues of competence at time of creation • Issues of competence at time of need to revoke or modify • Limits to deny all treatment

  7. Steps to Success • Put treatment preference in written form and name a “surrogate/agent” you trust. • 2 witnesses • Doctor statement of competency at time • Communicate your action • Surrogate gets copy • Put laminated card in wallet • Store in online registry • MedicAlert Bracelet

  8. Things to put in • Name of surrogate/advocate • Any and all Specific medical preference • Medicine preference • Physical settings that help or hurt your treatment • Other triggers to avoid or that add to treatment such as music and lighting

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