Mental Health Assessment For Power Of Attorney

Category:

Power of Attorney - Healthcare

State:

Pennsylvania

Control #:

PA-P018

Format:

Instant download

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Description

The Mental Health Power of Attorney is a legal document that empowers a designated agent to make specific decisions regarding the principal's mental health care. This form is essential for individuals who want to ensure their mental health care preferences are respected, particularly when they may become incapacitated. Key features include the ability to grant broad powers to the agent while stipulating a duty to act in the principal's best interest. The document outlines the conditions under which the agent can make treatment decisions, including preferences concerning medications and treatments like electroconvulsive therapy. Filling out the form requires clear information about the appointed agent and any alternative agents, as well as preferences regarding treatment facilities and procedures. It is particularly relevant for attorneys, paralegals, and legal assistants involved in drafting or reviewing end-of-life care plans, ensuring that clients have the necessary documents in place for unforeseen circumstances. The form serves as a protective measure for individuals, allowing them to express their wishes regarding mental health interventions while providing clear instructions for their agents. Understanding this form's requirements is essential for legal professionals supporting clients in making informed decisions about their mental health care.

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How to fill out Pennsylvania Mental Health Care Power Of Attorney?

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FAQ

What you must checkunderstand the information they need - for example, what the consequences will be.remember the information for long enough to make the decision.weigh up the options and make a choice.communicate their decision in any way - for example, by blinking or squeezing a hand.

Who assesses mental capacity? Normally, the person who is involved with the particular decision which needs to be made is the one who would assess mental capacity. If the decision is a complex one then a professional opinion might be necessary, for example the opinion of a psychiatrist, psychologist, social worker etc.

There is a two-stage test of capacity in order to decide whether an individual has the capacity to make a particular decision, this test must be applied.

The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things: Understand information given to them. Retain that information long enough to be able to make the decision. Weigh up the information available to make the decision.

The functional test of capacityThe ability to understand information about the decision (the 'relevant' information);The ability to retain the information long enough to make the decision;The ability to use, or 'weigh up' the information as part of the decision making process; and.More items...

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Mental Health Care Power of Attorney

Power of Attorney and Health Care - General - Pennsylvania

Definitions

A "declaration" is a written document voluntarily executed by the declarant in accordance with this chapter.

"Life sustaining treatment" is any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a state of permanent unconsciousness. Life sustaining treatment includes nutrition and hydration administered by gastric tube or intravenously or any other artificial or invasive means if the declaration of a qualified patient specifically provides. "Permanently unconscious" is a medical condition that has been diagnosed in accordance with currently accepted.

A "qualified patient" is a person who has executed a declaration and who has been determined to be in a terminal condition or to be permanently unconscious.

A "terminal condition" is an incurable and irreversible medical condition caused by injury, disease or physical illness which will, in the opinion of the attending physician, to a reasonable degree of medical certainty, result in death regardless of the continued application of life sustaining treatment.

Execution of Declaration

An individual of sound mind who is 18 years of age or older or who has graduated from high school or has married may execute at any time a declaration governing the initiation, continuation, withholding or withdrawal of life sustaining treatment.

Witnesses

The declaration must be signed by the declarant, or by another on behalf of and at the direction of the declarant, and must be witnessed by two individuals each of whom is 18 years of age or older. A witness shall not be the person who signed the declaration on behalf of and at the direction of the declarant.

Form

A declaration is not required to be in the statutory form and may include other specific directions, including, but not limited to, the designation of another person to make the treatment decision for the declarant if the declarant is incompetent and is determined to be in a terminal condition or to be permanently unconscious.

Revocation

A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition.

A revocation is effective upon communication to the attending physician or other health care provider by the declarant or a witness to the revocation.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Mental Health Care Power of Attorney

Power of Attorney and Health Care - General - Pennsylvania

Definitions

A "declaration" is a written document voluntarily executed by the declarant in accordance with this chapter.

A "qualified patient" is a person who has executed a declaration and who has been determined to be in a terminal condition or to be permanently unconscious.

Execution of Declaration

Witnesses

Form

Revocation

A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition.

A revocation is effective upon communication to the attending physician or other health care provider by the declarant or a witness to the revocation.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Mental Health Assessment For Power Of Attorney

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out Pennsylvania Mental Health Care Power Of Attorney?

Form popularity

FAQ

How do you do a mental capacity assessment?

Who can assess mental capacity and make a decision?

How many stages are there in the functional test of capacity?

What are the 4 stages to the functional test of mental capacity?

What are the 4 elements of the functional test?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

Mental Health Assessment For Power Of Attorney

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out Pennsylvania Mental Health Care Power Of Attorney?

Form popularity

FAQ

How do you do a mental capacity assessment?

Who can assess mental capacity and make a decision?

How many stages are there in the functional test of capacity?

What are the 4 stages to the functional test of mental capacity?

What are the 4 elements of the functional test?

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