A. The wishes of a declarant, at all times while the declarant is capable, shall supersede the effect of an advance directive for mental health treatment.
B. An advance directive for mental health treatment shall become operative when:
1. It is delivered to the declarant's physician or psychologist; and
2. The declarant is certified to be incapable and to require mental health treatment as provided by Section 11-110 of this title.
C. An advance directive for mental health treatment remains valid until:
1. Revoked, expired or superseded by a subsequent advance directive for mental health treatment; or
2. Superseded by a court order.
D. A court order shall supersede an advance directive for mental health treatment in all circumstances.
E. Mental health treatment instructions contained in a declaration executed in accordance with this act shall supersede any contrary or conflicting instructions given by an attorney-in-fact specifically for mental health treatment decisions unless the authority given to the attorney-in-fact in the advance directive for mental health treatment expressly provides otherwise.
F. Except as provided by subsection E of this section, in the event that more than one valid advance directive for mental health treatment has been executed and not revoked, the last advance directive for mental health treatment executed shall be construed to be the mental health treatment wishes of the declarant and shall become operative as provided by subsection B of this section.
G. In the absence of an advance directive for mental health treatment, the powers vested in a guardianship of the person, or grant of general health care decision-making authority or designation of health care proxy contained in an advance directive for health care or durable power of attorney with health care decision-making authority shall be deemed to include mental health treatment.
Added by Laws 1995, c. 251, § 7, eff. Nov. 1, 1995. Amended by Laws 2012, c. 215, § 1, eff. Nov. 1, 2012.
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