A mental health power of attorney (POA) is a limited authorization appointing someone, typically a family member or other trusted individual, to make mental health treatment decisions if you become unable to do so.
Unlike a general health care POA, which covers broad medical decisions, a mental health POA specifically addresses mental health treatment. This can include decisions about medications, therapy and hospitalizations.
A mental health POA ensures that others respect your preferences even when you can’t communicate them. By choosing a trusted agent, you maintain control over your mental health care in crisis situations.
Who can benefit?
Mental health POAs protect many individuals, especially those dealing with mental health issues such as:
- Bipolar disorder
- Schizophrenia
- Severe depression
- Anxiety disorders
- PTSD
Pennsylvania has two types of mental health documents: declarations and powers of attorney.
A declaration allows you to specify your treatment preferences in advance. A power of attorney appoints an agent to make decisions on your behalf. They can be done as a combined document.
Necessary steps for a mental health power of attorney
To create a mental health POA, you must be at least 18 years old, not under guardianship and not presently involuntarily committed. A mental health POA is valid for two years but remains in effect if you are still incapacitated when it expires.
Providers must follow your POA unless it contradicts accepted medical practice, their policies or the requested treatment is unavailable. If they cannot comply, they must notify you or your agent and try to transfer you to a provider who can.
Consulting a skilled estate planning attorney can be invaluable for these intensely personal and vital decisions. An experienced lawyer can help you understand the options, draft appropriate documents and ensure that others respect your wishes. This guidance can provide peace of mind for you and your loved ones, ensuring that your mental health care aligns with your values and needs.