ADVANCE DIRECTIVES
All
individuals, those with or without any type of mental or physical
illness, are advised to prepare Advance Directives for care and decision
making should they become unable to make those decisions themselves.
There are many components to Advanced Directives, one of which is the
appointment of a healthcare surrogate, which is a person who can make
healthcare decisions, if an individual is unconscious or otherwise
deemed incapable of making those decisions. Once a physician or the
courts decide that a person cannot make well-reasoned and knowledgeable
decisions the healthcare surrogate named in the Advance Directive is
immediately notified to make treatment decisions the person would make
if competent. The surrogate can access the person’s clinical record,
release information, and apply for public benefits. There are other
legal and personal ramifications to the development of effective Advance
Directives and families and individuals are advised to contact their
legal resource or Legal Aid Services for more information. It is also
important to know that Advance Directives and the designation of a
healthcare surrogate can be rescinded at any time. They are not
permanent decisions.
GUARDIANSHIP
If
there is a concern that an individual with mental illness may become too
incapacitated to make reasonable decisions concerning medical treatment,
finances, and their care in general, the individual’s support person
should consider requesting that the individual sign a health care
surrogate form.
Guardianship may also be appropriate in some cases. This is a
court-appointed responsibility that is awarded to an individual after
the person with a mental illness becomes incompetent. The court would
then assign responsibility to a family member or a professional
guardian. The courts have significant powers in the case of a person
with mental illness becoming incapacitated which includes the authority
to withdraw the rights to vote, marry, travel, contract, determine
residence, have a driver’s license, sue and defend lawsuits, seek or
retain employment, consent to medical treatment, personally apply for
government benefits, make decisions about social environment or social
aspects of life, and / or manage property and income or make any gift
or disposition of property. The Guardian must file an annul accounting
of finances.
DURABLE POWER OF ATTORNEY
An
attorney can draw up a Durable Power of Attorney, which may include the
right of the designated agent to handle financial matters, give medical
consent, or provide other assistance in the event of incapacity. It is
important to recognize that while the agent is legally responsible for
judiciously handling matters, there is no required accounting of funds
or manner of care.
