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How do I prepare a PAD?
- Discuss your plan with your family and health care providers.
- Select an agent to represent you. (Most states require this and your PAD is more likely to be honored if you have named an agent.)
- Describe your preferences in very specific terms.
- Give copies to your agent, alternative agent, friends or family members and your mental health care provider who will make it a part of your medical record. You can also give a copy to the facility where you might be taken in an emergency.
Forms for preparing a psychiatric advance directive are available online.
Questions and answers about PADs
How do I choose an agent?
An agent should be someone you trust who:
- is well informed about your illness and treatments
- will defend your preferences against opposition from medical staff
- is easily reachable night or day
What happens if I change my mind?
State laws vary, but generally, you can change or cancel your PAD, as long as you are considered "capable."
Where can I get legal advice about advance directives in my state?
Contact your state Protection and Advocacy System (P&A) for information. The National Association of Protection and Advocacy Systems can give you the name and number of your local office.
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When would I be considered "incapable"?
Incapacity generally means that, at the time, you are not able to make and communicate decisions about your mental health treatment. State laws vary. Incapacity may be determined by a doctor, a qualified psychologist or a judge.
Where can I find instructions and forms for preparing an Advance Psychiatric Directive?
The Bazelon Center for Mental Health Law provides downloadable forms and instructions online.
For more information
The National Resource Center on Psychiatric Advance Directives
Bazelon Center for Mental Health Law
This article does
not constitute legal advice. Before you assume that the advance directive
you create using this form will be legally valid in your state, you should
consult a lawyer.
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Sources
Depresson Bipolar Support Alliance
DBSA
North Carolina National Empowerment Center - Articles/Making Advance Directives
work for you/By Daniel Fisher, M.D., Ph.D.
Bazelon Center for Mental Health Law
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