Declaration for Mental Health Treatment
For many years, Ohio has allowed its citizens to have a durable health care power of attorney ("DPOAHC"), which addresses both mental and physical health issues. However, the statutory DPOAHC does not deal with the mental health issues in a significant way. If you or a loved one has been diagnosed with a mental illness or has an illness that may include a mental or emotional component, a Declaration for Mental Health Treatment may be an appropriate addition to your DPOAHC.
Declaration for Mental Health Treatment gives mental health care providers direction regarding treatment in the event a patient cannot make his or her own decisions. The law also allows, but does not require, the declarant to name a person who can make mental health decisions for them, called a "proxy". The law allows the declarant to choose a doctor to provide mental health treatment and to specifically state the medications and treatments the person wants or does not want. This means that you can decide which mental health doctors you want, which treatment facilities you want to go to, what kind of treatment you are willing to undergo, and who can make your mental health decisions for you should you not be able to decide for yourself.
Your proxy makes decisions by following the instructions in your Declaration or by doing what you have verbally instructed. The proxy will be able to view all of your mental health medical records. A proxy should always be someone that you trust to make healthcare decisions. Select someone who is well suited for this serious responsibility.
Create a Declaration for Mental Health Treatment, obtain a form from your attorney or download it on-line at http://olrs.ohio.gov/other/MHDeclare.pdf. The form will ask you if you wish to have psychotropic medications, electro-convulsive treatment, if you wish to be admitted into a treatment facility, and other treatment preferences. The form will ask you to identify a proxy if you wish to have one, and requires the proxy to sign the form. The proxy must accept his appointment in writing by signing your Declaration and may withdraw from the appointment with written notice at any time. In order to be valid, the form must be witnessed by two qualified individuals or signed by a notary. The witnesses cannot be your treating physician, your family members, or your proxy. The form also contains a revocation section, a renewal section, and a HIPAA release statement.
The Declaration for Mental Health Treatment is in effect for three years unless the declarant properly revokes it during that time. The declaration can be renewed for an additional three years if no changes are wanted or needed. If, during the three year period, the declarant can no longer make his own decisions because of a mental illness, the Declaration is effective until the declarant's decision-making ability returns. As long as you have the capacity to consent to mental health treatment decisions, you can change your Declaration by making a new one or you can cancel by signing and dating the revocation section.
You should notify your health care providers, your mental health provider, your caretakers and your family of your Declaration for Mental Health Treatment. It is also a good idea to provide those individuals with a copy of your Declaration to ensure your wishes are carried out. If you change, revoke or renew your Declaration, be sure to provide the necessary updates to the appropriate individuals.
The Declaration will let your health care professionals know your preferences regarding your mental health care treatment. However, any directives you have expressed in a Living Will that governs the use, continuation, or withdrawal of life-sustaining treatment will supersede the provisions contained in a Declaration for Mental Health. This means that if you have a Living Will, the doctors will follow those directions before the directions contained in your Declaration.
For more information or for a form to invoke a Declaration for Mental Health Treatment, contact your attorney. Advanced decisions and formal directives ensure that you and your loved ones' wishes are followed, even in the event of a tragic mental illness.