Texas Declaration for Mental Health Treatment
About this form
The Declaration for Mental Health Treatment is a legal document that allows you to outline your preferences for mental health care in advance. It is particularly important if it is determined by a court that you lack the capacity to make informed decisions regarding your mental health treatment. This form differs from other medical directives by focusing specifically on mental health treatment options, including psychoactive medications and convulsive treatments.
Main sections of this form
- Declaration of mental health treatment decisions.
- Sections for specifying preferences regarding psychoactive medications.
- Options for consent or non-consent for convulsive treatment.
- Instructions for emergency treatment preferences.
- Signature requirements, including acknowledgment by a notary public or witnesses.
Situations where this form applies
You should use this form if you want to ensure that your mental health treatment preferences are followed if you become unable to make decisions due to a mental health condition. It is particularly relevant in situations where you have been diagnosed with a mental disorder and want to communicate your treatment wishes in advance.
Who needs this form
- Adults who wish to make their mental health treatment desires known in advance.
- Individuals diagnosed with mental health conditions who may become incapacitated.
- People who want to have their treatment preferences respected during emergencies.
Steps to complete this form
- Enter your full name and confirm you are an adult of sound mind.
- Specify your consent or non-consent regarding psychoactive medications.
- Indicate preferences for convulsive treatment, if applicable.
- Outline your preferences for emergency treatment, including the order of preference.
- Sign and date the form in the presence of a notary public or two qualified witnesses.
Is notarization required?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to specify treatment preferences clearly, leading to confusion in emergencies.
- Not having the document signed by the required witnesses or notary, which may invalidate it.
- Overlooking to update the form if your preferences change.
Why use this form online
- Convenient access to a legally drafted form that can be downloaded and completed at your own pace.
- Editability allows you to customize treatment preferences according to your needs.
- Reliable and secure option to ensure your wishes regarding mental health treatment are documented.
Legal use & context
The Declaration for Mental Health Treatment is enforceable in Texas as long as it meets the legal standards set forth in the state's civil practice codes. The form outlines your treatment preferences, ensuring they are known and respected when you are unable to consent due to incapacitation.
What to keep in mind
- This declaration allows you to communicate your mental health treatment preferences in advance.
- Proper execution of the form is crucial for its validity, including notarization or witness signatures.
- Review and update your preferences regularly to ensure they reflect your current wishes.
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FAQ
The law requires that you sign your advance directive, or direct another to sign it, in the presence of two adult witnesses, who must also sign the document.
This document allows you to make decisions in advance about certain types of mental health treatment: psychoactive medication, short-term (not to exceed 17 days) admission to a treatment facility, convulsive treatment and outpatient services.
Californians with mental illnesses who are receiving treatment in mental health facilities, including those persons subject to involuntary commitment, are guaranteed numerous rights under Welfare and Institutions code (W&I Code), Section 5325, including the right to be free from abuse and neglect, the right to privacy,
If your parent has not established durable POA or has become incompetent after establishing a nondurable POA, you will need to petition a local family or probate court to declare your parent incompetent and grant you legal guardianship. Legal guardianship is called conservatorship in some states.
Most persons suffering from a mental illness are still competent to write a power of attorney. If you question their ability, work with the person's doctor to determine whether and when she is mentally competent. You'll need to explain the document to her and arrange for her to sign it while she is competent.
Can I get power of attorney without consent of the donor? No! This is similar to the situation of someone having lost their mental capacity. If someone is lacking in mental capacity, they can't make a valid decision to appoint you as attorney.
If your parent is already mentally incapacitated but hasn't granted Power of Attorney to you in a Living Will, you'll need to go before a judge to obtain conservatorship (or an adult guardianship). A conservatorship will grant you the right to make medical and financial decisions on your parent's behalf.
DECLARATION FOR MENTAL HEALTH TREATMENT It is a declaration that allows, or disallows, mental health treatment.
