FAQs

Do I have to appoint an agent? Can it be someone other than a family member?

You do not have to appoint an agent.  You can make a directive limited to instructions only about your care.  We recommend that you appoint an agent to act on your behalf for all care you are directing.  The appointment of an agent to carry out your wishes means a stronger, more flexible directive, with someone who […]

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Who is an Agent?

A person 18 years or older who is authorized by an adult to make decisions concerning mental health and substance use disorder treatment, medication and alternative treatment for the adult to the extent authorized by that adult. Appointing an agent is not required for a PAD to be in force. An agent may be authorized

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WHAT IF A PERSON REFUSES TO GO ALONG WITH THINGS THEY CONSENTED TO IN THE DIRECTIVE?

An agent can be instructed, in the PAD, to work with providers to implement instructions and make other decisions as needed. Providers can file a petition for commitment and/or to administer medications, but a PAD may also have an effect on what the court decides. A person can revoke a PAD. Need 2 disinterested witnesses

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What are PROVIDER OBLIGATIONS: regarding IMPLEMENTING A PAD

PAD goes into effect upon signatures from all required parties. Provider must act in good faith per applicable standards of care; comply with the PAD to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable law. The PAD form shall be complied with unless the adult’s instruction on

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Can a person prepare a directive in the hospital or while under commitment?

• Generally, a person is assumed competent – even if committed. • PAD should not be filled out when a person’s judgment is impaired. • PAD can be filled out as part of a discharge plan if a person is doing well; has capacity to make informed decisions. • Requires signature of two disinterested witnesses.

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