Navigating Mental Health Care Decisions: The Role of Advance Health Care Directives
As an attorney, I’ve encountered numerous clients who overlook a crucial aspect of their healthcare planning: mental health directives. While many are diligent in drafting advance directives for their physical health, mental health considerations are often left unaddressed. In this blog, I aim to shed light on the importance of incorporating mental health provisions into your Advance Health Care Directive (AHCD) and how doing so can empower you and your loved ones in navigating mental health care decisions.
To start, let’s clarify what an AHCD entails. A AHCD is a legal document that allows you to outline your healthcare preferences in advance, especially for situations where you may not be able to communicate them yourself. While most people associate AHCDs with end-of-life care and medical treatment decisions, they are useful in any situation where you cannot advocate for yourself, including a mental health crisis.
While this is not generally provided in standard forms, there is no reason mental health treatment cannot be addressed in an AHCD. In fact, this should be a primary focal point of a customized document if you know there are things like bipolar or schizophrenia on your past or in your family history. With the assistance of your attorney, you should develop an AHCD that does the following:
Express Your Treatment Preferences
Your AHCD allows you to specify the types of mental health treatments you do or do not wish to receive. This may include preferences regarding medications, therapy, hospitalization, or even alternative treatments. By expressing your preferences in advance, you ensure that your treatment aligns with your values and wishes to the greatest extent possible.
Designate a Mental Health Care Agent
Just as you appoint someone to make medical decisions on your behalf in case of incapacity, you can designate a specific individual to oversee your mental health care. This person, known as your mental health care agent, should be someone you trust and who understands your beliefs and preferences regarding mental health treatment.
Address Crisis Situations
Mental health crises can be challenging to navigate, especially when swift decisions are required. By including provisions in your AHCD that outline how you wish to be treated during a crisis, you provide clear guidance to your healthcare providers and loved ones. This can help prevent misunderstandings and ensure that your needs are met appropriately.
Respect Your Autonomy
Mental health issues can sometimes impair decision-making capacity. By planning ahead and documenting your preferences in an AHCD, you retain a level of control over your mental health care, even if you’re unable to communicate your wishes at a given moment. This safeguards your autonomy and ensures that your voice is heard when it matters most.
While AHCD forms are widely available, consulting with a lawyer who specializes in healthcare planning can ensure that your document complies with state laws and addresses your specific needs. They can help you understand the legal implications of your choices and offer guidance on drafting clear and comprehensive provisions. It is also vital to ensure that your agents have HIPAA authority so they can access your medical records and so that they are authorized to speak with your medical providers.
We also recommend discussing your mental health preferences with your healthcare providers, assuming those relationships are already in place. They can provide valuable insights into treatment options and help you make informed decisions about your care. Additionally, ensure that your mental health care agent is aware of their role and responsibilities under your AHCD.
Mental health preferences may evolve over time, so it’s crucial to review and update your AHCD periodically. Life changes, such as a new diagnosis or significant life events, may warrant revisions to your document. By keeping it up-to-date, you ensure that your mental health care preferences remain current and reflective of your wishes.
Addressing mental health issues in your Advance Health Care Directive is a proactive step towards ensuring that your healthcare preferences are honored, even in challenging circumstances. By expressing your treatment preferences, designating a mental health care agent, and planning for crisis situations, you empower yourself and your loved ones to navigate mental health care decisions with clarity and confidence.
Remember, you don’t have to navigate this process alone. Seek guidance from legal professionals and healthcare providers who can assist you in creating an AHCD that reflects your values and priorities. Your mental health matters, and taking proactive steps to plan for your care can make a world of difference when it’s needed most.
Testimonials
Charities We Support
We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.
Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.