Mental Health Power of Attorney

What is a medical power of attorney for mental health?

A mental health power of attorney is a legal document that allows an individual, referred to as the principal, to designate another person, called an agent, to make decisions about their mental health care in the event that the principal becomes incapacitated.

The parties involved in a power of attorney for mental health are:

• the principal (an individual at least 18 years of age and of sound mind); and
• appointed agent (a person who shall make mental health care decisions on behalf of the principal).

The laws do not mandate having this document. At the same time, having one might become a good decision, and here is why:

• reduces uncertainty between family members once the principal is mentally incapable;
• resolves conflicts about applicable medical treatments between healthcare providers and family;
• protects the principal’s personal decisions and the principal’s values.

How to draft a mental health power of attorney?

Drafting a mental health power of attorney requires inclusion of a number of important elements.

List of consented treatments

A crucial section for every medical power of attorney form is to list the treatments to which the principal consents or refuses. Those treatments may include, for example:

• administration of psychiatric medications;
• hospitalization;
• Electroconvulsive Therapy (ECT);
• experimental treatments or clinical trials, etc.

Choice of facility

The text of a template for medical power of attorney includes a principal’s preferred medical facility where they wish to receive treatment. This could be a community-based or private hospital or medical institution.

There is no guarantee, however, that a person will be placed in a facility of their choice.

It is also possible to indicate the list of facilities where the principal does not wish to be placed.

Appointment of an agent

Another important element of every mental health power of attorney is to appoint an authorized agent. This is an individual who will be responsible for making mental health decisions on behalf of the principal once they are unable to do so. The law does not impose special requirements for an agent’s education or professional skills.

It is important that the principal appoints a person whom they can trust and who is capable of understanding their beliefs and values.

An agent should be an individual of sound mind and above 18 years old. It is also possible to appoint an alternative agent. This is a person who shall replace the main agent once the agent is not capable of acting or does not wish to represent the principal.

Appointment of a guardian

When or if an appointed agent or alternative agent cannot perform their duties, a court may appoint the guardian. This is a person who makes mental health care decisions on behalf of the principal. A court may pick up any person of their choice. However, if the template for medical power of attorney includes the name of a preferred guardian, the court will appoint that exact person.

Thus, do not forget to include in the text of a power of attorney a preferred guardian’s name, address, and contact details.

Duration and revocation

Some people mistakenly think that a medical power of attorney becomes effective on the date of its signing. However, this is not exactly the truth. A mental health power of attorney becomes effective on:

• the date when the principal becomes mentally incapacitated;
• any other date in the future (designated by the principal); or
• upon occurrence of specific events (designated by the principal).

The power of attorney remains valid until the principal’s death. This is the reason why this document is also known as a durable power of attorney health care.

The principal may revoke or change the power of attorney at any time until it becomes effective.

Governing Law

The legislation governing medical power of attorney may vary slightly from state to state. The laws of a state where the principal currently lives or resides shall apply. For example, if you live in Arizona, you will have an Arizona Mental Health Power of Attorney, meaning that Arizona laws shall apply towards it.

How to customize a medical power of attorney at FasterDraft?

To get a fully customized legal document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a document’s format—Mental Health Power of Attorney PDF or Word.
4. Make a payment.
5. Download, sign, and use the document’s template instantly.