Advance treatment directive for a someone with a psychiatric disability
California law does provide for the use of Psychiatric Advance Health Care Directives. The following is a discussion on the topic from CEB’s title, California Powers of Attorney and Health Care Directives (KFC 336 C345 2008 on the shelf at ACLL or on OnLAW)
Psychiatric AHCDs are used to set forth specific instructions or preferences of a person with capacity regarding future mental health treatment. A psychiatric AHCD can be used much like a typical AHCD. For example, it can be used in naming an agent to make decisions and in giving instructions regarding the provision or withholding of certain medications and treatments. However, the psychiatric AHCD specifies those treatments, medications, facilities, and doctors specific to a mental health diagnosis. This document can be extremely helpful for someone who has been diagnosed with a mental illness such as schizophrenia or bipolar disorder but who, while on medication, has the capacity to execute an AHCD. For an excellent review of the psychiatric AHCD’s use and for responses to frequently asked questions, see https://www.disabilityrightsca.org/publications/advance-health-care-directives-for-mental-health-care-a-trainers-manual. For further discussion of psychiatric AHCDs nationwide, see https://www.nrc-pad.org.
For a full psychiatric AHCD form valid in California, see https://www.disabilityrightsca.org/system/files/file-attachments/508801.pdf. Part II(a) of this form, subtitled “Statement of Individual Mental Health Care Instructions“, involves mental health treatment and begins on the page in the pdf with the footnote showing “Page 10 of 29.”
Powers of Attorney
In the past, a document that served a similar purpose as today’s AHCD was referred to as a Power of Attorney for Healthcare. Many legal information resources include discussion on both health care and financial powers of attorney. (See below.)
The following is a simplified review of some of the legal documents that have “Power of Attorney” in their title. Detailed information can be found in the resources listed at the end of this post. Some organizations, such as the Department of Motor Vehicles and CALPERS, require their own specialized Power of Attorney form.
Generally, a Power of Attorney (POA) is a legal document that you (as the “principal”) create. It gives another person (your “agent” or “attorney-in-fact”) the legal authority to act on your behalf. You can give your agent broad, ongoing powers, such as handling all of your finances, or limit him/her to specific actions and dates, for example selling your car while you are away. Your agent may not represent you in court. He or she may not write, change, or revoke your will.
While state law requires certain provisions to appear in your health care directive, there is no single form in use to document your wishes. This is the form from the California Office of Attorney General – California Probate Code Sample Form, pdf.
California Legal Forms Transaction Guide KFC 68 .C32 Vol. 31, Chapter 98, “Powers of Attorney”
Research Guide, “Power of Attorney” – https://saclaw.org/wp-content/uploads/lrg-power-of-attorney.pdf