A. Any capable person eighteen (18) years of age or older may execute an advance directive for mental health treatment stating the mental health treatment wishes of the person in the event the person is determined to be incapable and mental health treatment is determined to be necessary as provided by Section 10 of this act. An advance directive for mental health treatment may include but is not limited to consent to inpatient mental health treatment.
B. An advance directive for mental health treatment may be executed by:
1. Executing a declaration; or
2. Appointing an attorney-in-fact; or
3. Both executing a declaration and appointing an attorney-in-fact. If executed, the appointment of an attorney-in-fact shall be attached to the declaration.
C. The Advance Directives for Mental Health Treatment Act:
1. Shall not affect the right of an individual to make decisions about mental health treatment, so long as the individual is capable; and
2. Creates no presumption concerning the intention of an individual who has revoked or has not executed an advance directive for mental health treatment.
D. For the purpose of the Advance Directives for Mental Health Treatment Act:
1. If a person is incapable at the time of a determination that mental health treatment is necessary, an advance directive for mental health treatment executed in accordance with the Advance Directives for Mental Health Treatment Act is presumed to be valid; and
2. A physician, psychologist or health care facility may presume, in the absence of actual notice to the contrary, that a person who executed an advance directive for mental health treatment was of sound mind when the advance directive for mental health treatment was executed.
E. A person shall not be required to execute or to refrain from executing an advance directive for mental health treatment as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.
F. The fact that a person has executed an advance directive for mental health treatment shall not constitute an indication of mental incompetence.
Added by Laws 1995, c. 251, § 4, eff. Nov. 1, 1995.
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