Estate PlanningDeclaration for Mental Health Treatment

August 4, 2021

One of the documents that makes up the basic estate plan includes the medical power of attorney, where the principal (you) can designate an agent to make your medical decisions when you are no longer able to do so. The medical power of attorney is an important component but it does have limitations. An agent under a medical power of attorney cannot, for instance, consent to electroshock therapy, which is a tool used to treat depression. A person who has mental treatment needs that are not covered by the medical power of attorney may want to add on the Declaration for Mental Health Treatment.

This document is specifically to address mental health treatments and your preferences during a mental health crisis or for ongoing treatments. You can specify your order of treatment in an emergency and whether you want a male or a female attendant to administer restraint, and you can specify medications that you do or do not want. If you have a history of need for mental health treatment, talk to us about adding a Declaration for Mental Health Treatment to your estate documents.

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