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Planning for Your Mental Health Treatment
Frequently asked questions
Can I plan now for the mental health treatment I would want if I were
in crisis?
Yes. You can plan now for a time when you may be unable to make your
own mental health treatment decisions.
How can I plan ahead?
Oregon has a form that you can fill out and sign now to protect yourself
when you may be in crisis and are unable to make your own treatment
decisions. This form is called a Declaration
for Mental Health Treatment (PDF).
Who decides if I am unable to make my own treatment decisions?
Only a court or two physicians can decide if you are unable to understand
and make decisions about your mental health treatment.
•A Declaration form is used only when you are unable to understand
and make decisions about your mental health treatment.
What kind of advance planning does Oregon's Declaration
for Mental Health Treatment allow me to make?
You can make choices about your future mental health care. You can describe
the kind of care that you want to receive. You can also describe
the kind of care you do not want to receive.
You can make your wishes known about three kinds of mental
health treatment: psychoactive medications, electro-shock treatment,
and admission to a health care facility for up to 17 days of mental
health
treatment.
•It is wise to prepare this part of the declaration carefully.
You may want to discuss this
section with your physician or mental health provider.
Can I ask someone to speak for me when I am in crisis and can't speak
for myself?
Yes. You can choose an adult to represent you. This should be someone
you trust who can make decisions about your mental health care when
you cannot do so for yourself. Of course, the person you name must
agree to do so.
On the declaration form your representative is called an "attorney-in-fact."
Do I have to choose a lawyer?
No. Some people may be confused by the words "attorney-in-fact" that
are used on the form. The words simply mean a person chosen
to act for you: an adult you have chosen to be your representative.
Can my representative make mental health treatment decisions that change
my own wishes for treatment?
No. Your representative must follow your wishes. It is wise to talk to
your representative about your wishes.
Even if you have not made your wishes known, your representative
must make decisions for you that are as close as possible to the
kind of decision you would make for yourself if you were capable
of doing so.
Although your doctor is not required to give you the medicine you
have chosen in your declaration form
if your doctor believes it is not
good for you, your doctor must
have your representative's permission
to give you a medicine that
is not listed in the declaration.
This is why it is important for you to choose someone who knows
you well and whom you can trust.
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How can I make sure that my instructions will be followed?
In order for your instructions to be followed, you or your representative
must give copies of your completed
declaration form
if your doctor believes it is
not good for you, your doctor
must have your representative's
permission to give you a medicine
that is not
listed in the declaration.
•This is why it is important for your to choose someone who knows
you well
and whom you can trust.
How can I make sure that my instructions will be followed?
In order for your instructions to be followed, you or your representative
must give copies of your completed
declaration form
to your physician or mental
health provider. Your representative
should keep a copy, and it
is wise to keep a copy for
yourself.
Can my instructions ever be changed?
Whether or not you have signed a declaration form,
if you are on an emergency
psychiatric hold, or if you have been committed by a court, your doctor may
still give you a medicine that you don't
want. Your doctor can only
do this under very strict legal guidelines.
If I make out and sign a Declaration
for Mental Health Treatment will it be good forever?
No. A signed Declaration
for Mental Health Treatment will
only be valid for three years
and must be renewed. However,
should you become incapable
of making mental health
treatment decisions during
these three years the declaration
will remain valid until the
time-
whenever that may be- that
you regain capacity to make
your own decisions.
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Can I change my written instructions for mental health treatment or
cancel my declaration
form?
Yes. As long as you are able to understand the information given to
you about the choices that
you may make for your mental health treatment, you
may change your written
mental health treatment instructions or cancel your declaration form.
Of course, in order to make sure that your wishes are followed, you
must give your
physician or mental health care provider a new declaration form
that includes
the changes you wish.
However, if a court or two physicians decide that you are unable
to understand
your mental health treatment options and you are not capable of making choices
about your mental health treatment,
you will
not be permitted
to change
your written
instructions
or to cancel
your declaration until
the time
that you
regain capacity
to understand
your treatment
options.
But, this is why you have written out your future wishes on this Declaration
for Mental Health Treatment form: You want to protect yourself
when you are in crisis and are unable to make your own treatment
decisions.
If I move out of the state of Oregon, will my declaration form
be valid?
It depends on where you want to go. Each state outside of Oregon has
its own rules.
Can anyone force me to make out a Declaration
for Mental Health?
No. No one, no insurer, no physician, no mental health treatment provider,
nor any other person
is permitted to attempt to force you to make out a declaration form.
It must be your free
choice to make out and sign the Declaration
for Mental Health Treatment
form.
Witnesses who sign your declaration form should be people whom you
know and trust. They can verify that you have signed the form by your
own free choice, without being forced.
Guide and forms
You
will need the free Adobe Acrobat Reader to view this document. If you do
not already have the Acrobat Reader on your computer, you can download
it now.
Download the guide and
forms for the Declaration
for Mental Health Treatment (PDF)
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