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How to Fill Out a Declaration-for-Mental Health Treatment Form
First things first
First, you must be mentally competent to make
a declaration. Second, you need an official form to fill out. You cannot make
a legal Declaration without one. The form available
through this link is official,
and will be vaild if it is correctly filled out, signed and witnessed.
To be valid the effective form must:
- Contain your name.
- Be signed and dated by you.
- Be signed and dated by two witnesses who are present either when you
signed or when you acknowledged that you signed the Declaration. They
must believe you
are mentally competent at the time you signed the form.
- Contain your instructions about mental health treatment.
The process
Follow these steps to make a legally valid Declaration for Mental Health Treatment:
Step 1- Name
Print or type your name legibly on the first line of the form after "I,".
Step 2- Symptoms
If you think it is important for a doctor or other mental health treatment provider to know
about the symptoms you experience when you go into crisis, you can include these symptoms on the
lines provided after the second paragraph. This could be important for a provider to understand
your condition.
THIS INFORMATION IS NOT REQUIRED. A Declaration will be valid whether or not you put anything on these
lines.
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Step 3- Psychoactive Medication
The next part of the form, which is entitled "PSYCHOACTIVE MEDICATION," is where you put your
instructions about medicine. If you want specific instructions to be followed by a provider
or your attorney-in-fact, "your representative", (if you choose to appoint
one), those instructions must be put here.
If you want to give consent for certain types of drugs, put a check
mark on the line next to If you want to give consent for certain types of drugs, put a check
mark on the line next to "I consent to the administration
of the following medications."
If you want to give consent to any drug the doctor may recommend, write
in: If you want to give consent to any drug the doctor may recommend, write
in: "Any that my doctor recommends."
If you want to limit your consent in any way, such as maximum dosage,
or you want certain information considered such as allergies you may have,
you may add these instructions or information on the lines provided at
the bottom of the page
for If you want to limit your consent in any way, such as maximum dosage,
or you want certain information considered such as allergies you may have,
you may add these instructions or information on the lines provided at
the bottom of the page
for "Conditions or limitations."
If you have also appointed an attorney-in-fact, If you have also appointed an attorney-in-fact, "your representative"
If you want to specifically refuse any drug, put a check mark on the
line next to If you want to specifically refuse any drug, put a check mark on the
line next to "I do not consent
to the administration of the following medications."
If you want to refuse all drugs, write in: If you want to refuse all drugs, write in: "All medications."
If you wish to explain your refusal of consent, this can be written
on the lines at the bottom of the page for "Conditions or limitations."
Step 4- Convulsive Treatment
In the next part of the form, entitled "CONVULSIVE TREATMENT," you may give or withhold consent for
convulsive treatment. This includes "shock treatment" or "ECT" (Electroconvulsive treatment).
If you want to make a decision in advance
about this type of treatment, place a check mark by the sentence that expresses
your desires. You can add additional information or instructions on the lines
following "Conditions or limitations." These
might include a limitation on the number or type of treatments you consent to or a direction
to consult your attorney-in-fact, "your representative", for the decisions.
If you state that you consent to convulsive treatment, you will not
necessarily receive it. A doctor must first recommend the treatment for
your condition. Your consent does not give a doctor the
right to make improper recommendations.
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Step 5- Admission and Retention in Facility
In the part of the form entitled "ADMISSION TO AND RETENTION IN FACILITY," you
may give or withhold consent to be kept in a health care facility for mental
health treatment for up to 17 days. To do this,
place a check mark in front of the statement that expresses your wishes.
If you wish to consent to inpatient treatment, but for less than 17
days or wish to specify or rule out facilities you agree to be admitted
to, write these instructions on the lines at the bottom
of this section after If you wish to consent to inpatient treatment, but for less than 17
days or wish to specify or rule out facilities you agree to be admitted
to, write these instructions on the lines at the bottom
of this section after "Conditions or limitations.
Step 6- Additional References or Instructions
If there is any other information or instructions that your doctor,
provider or attorney-in-fact should know, write them in the section entitled "ADDITIONAL
REFERENCES OR INSTRUCTIONS."
Step 7- Attorney-in-Fact
If you wish to appoint another person to make mental health treatment
decisions for you, write the person's name and telephone number in the
section entitled "ATTORNEY-IN-FACT." You
can also appoint a second person to act as a back-up should your first
choice become unable to serve.
Anyone who you appoint as an attorney-in-fact must agree to serve in
that capacity. That person must sign the page of this form entitled Anyone who you appoint as an attorney-in-fact must agree to serve in
that capacity. That person must sign the page of this form entitled "ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT."
Step 8- Your Signature
Sign and date the form at the bottom of page 5. Do this in front of two witnesses. Your
signature must appear in this place for any part of the directive to be effective.
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Step 9- Affirmation of Witnesses
Have your two witnesses sign the form on page 6 in the section headed "AFFIRMATION
OF WITNESSES."
Some people CANNOT act as witnesses. People who CANNOT act
as witnesses include:
- Your attorney-in-fact or alternate attorney-in-fact, i.e. your personal
representative. Anyone you appoint in Step 7 cannot be a witness.
- A physician or mental health service provider who is treating you,
or a relative of a person who is treating you. Your case manager, any
doctor
who is treating you while you're in the hospital, your counselor
or private psychiatrist cannot serve as witnesses.
- The owner or operator of the facility where you live, or a relative
of one of these people. For example, if you live in a group
home, the owner or staff of the group home cannot serve as witnesses.
The
same is
true of staff at nursing homes, foster homes, board and care
homes, etc.
- If you signed the form when the witnesses were not present, they can still
sign as witnesses if you tell them that the signature on the form is yours.
When the witnesses sign the form they acknowledge that you
signed the Declaration, and that they believe you were mentally
competentat the time you signed the form.
Step 10- Others' Signatures
If you have appointed an attorney-in-fact, "your representative",
make sure that your representative has signed the acceptance of appointment.
Although the form doesn't say so, some people cannot act as your attorney-in-fact.
People who CANNOT be your attorney-in-fact are:
- Your doctor, mental health service provider, or an employee of your
doctor or provider, unless you are related to that person.
- An owner, operator, or employee of a health care facility where you
live or are a patient, unless you are related to that person.
If you do
not appoint an attorney-in-fact or if the person you appoint does not accept
appointment or is disqualified from serving, all of the other instructions
in the Directive are still valid.
Step 11- Hand Out Copies
Make sure that you give copies of the completed form to any doctor, provider, or facility from which
you expect to need treatment. If you have appointed an attorney-in-fact, make sure that this person also
has a copy. Your instructions cannot be followed if they are not know to exist.
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