Declaration for Mental Health Treatment is a document that allows you to tell a hospital providing mental health services what kinds of mental health treatment you want, in the event you become mentally incapacitated. A Declaration for Mental Health Treatment form indicates the kinds of mental health services you do or do not agree to (including such options as psychoactive medications, convulsive treatment and preferences for emergency treatment such as restraint, seclusion, or medication).
Points to Remember
You should consult a lawyer if you have questions about how the Declaration for Mental Health Treatment works and under what circumstances your decisions can be overridden. - For the Declaration for Mental Health Treatment to become effective, a judge must find that you are incapacitated because you lack:
(1) The ability to understand the nature and consequences of a proposed treatment, including the benefits, risks and alternatives to the proposed treatment, and;
(2) the ability to make health care treatment decisions because of impairment. - The law defines “incapacitated,” and the court determines “incapacitation” in one of only two ways:
(1) in a guardianship proceeding, or
(2) in a hearing to consider the forced administration of psychoactive medication. - The Declaration for Mental Health Treatment is generally valid for only three years from the date it is signed.
- You may change or cancel your Declaration for Mental Health Treatment at any time as long as you are mentally competent.
- You may obtain forms for the Declaration for Mental Health Treatment from a psychiatrist, psychologist, licensed social worker, other mental health provider or an attorney.
- A copy of the signed document should be provided to your physician, family members or significant others, the person chosen as your agent to make health care decisions and/or your attorney.
Note: Most Texas Health Resources hospitals do not routinely provide mental health services. However, in accordance with federal law, it is the policy of Texas Health Resources facilities to provide written information to all adult inpatients on admission regarding their right to a declaration for mental health treatment, and the written policies and procedures of this facility about such rights. People who need inpatient mental health services and present to a facility that does not provide mental health services will be examined to determine whether an emergency medical condition exists. If an emergency medical condition exists, appropriate stabilizing treatment will be provided and then the patient will be transferred to a facility that provides inpatient mental health services.
You can consult your family physician or legal professional for more information about obtaining or completing a “Declaration for Mental Health Treatment.
Sources:
Texas Health Resources |
