This form is provided in the Texas Civil Practice and Remedies Code. It allows you to make mental health decisions in advance regarding mental health treatments.
Texas Declaration for Mental Health Treatment
Category:
State:
Texas
Control #:
TX-P0101
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PDF;
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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.