A combined mental health care declaration and mental health POA is similar to a durable health care power of attorney. However a mental health care declaration and POA can be utilized for more specific instructions regarding your desires for mental health care and treatments if they become medically necessary.

While most people think of a will when they think of estate planning, other estate planning tools including a combined mental health care declaration and mental health POA are often considered equally or more important. A will comes into effect after you die. A combined mental health care declaration and mental health POA on the other hand, is a tool that can be used while you are living, but ceases to be valid after you die. In general terms, a combined mental health care declaration and mental health POA provides a tool for you to identify mental health care treatment instructions, and who you want to manage your instructions and decisions, if you become unable to understand or communicate and need mental health assistance while you are living.

If you are making a valid combined mental health care declaration and mental health POA, you are considered the principal. The person that you assign to manage your mental health care decisions, if needed, is considered the agent. You can also name alternate agents in your combined mental health care declaration and mental health POA in case your named agent is unable or unwilling to serve as agent for any reason. Typically the principal utilizes a combined mental health care declaration and mental health POA to only grant authority to the agent if the principal becomes unable to understand or communicate mental health care decisions. However, the principal also has broad powers to grant authority to the agent immediately and without any conditions, or by other triggering events identified by the principal. A combined mental health care declaration and mental health POA automatically terminates two years from the date of execution unless the principal is incapable of making mental health care decisions at the expiration date. A combined mental health care declaration and mental health POA can also be revoked by the principal before the expiration date.

The principal has the ability to grant or limit authority of the agent. Authority granted can include authorization to health care providers to disclose mental health care information and records to the agent. This authorization should also be accompanied by a health insurance portability and accountability act (HIPAA) release form, granting authorization for medical information to be shared with the agent. Combined mental health care declaration and mental health POA authority granted by the principal to the agent can include decisions regarding psychiatric treatment facilities. The principal can designate preferred facilities and facilities the principal wishes to avoid. The principal can also instruct and grant or limit authority to the principal regarding preferences of medications, the administration of electroconvulsive therapy (ECT), preferences for experimental studies or drug trials, preferred interventions, dietary requirements, religious preferences, family notifications, and other related matters of importance. Additionally, a principal may nominate a guardian of the principal for consideration by the court if incapacity proceedings are commenced under 20 Pa.C.S. § 5511. A principal can also name alternate guardians in a combined mental health care declaration and mental health POA in case the named guardian is unable or unwilling to serve as guardian for any reason.

A combined mental health care declaration and mental health POA is an estate planning tool specifically directed toward mental health care directives and decision making. A combined mental health care declaration and mental health POA should also be combined with other estate planning tools such as a durable health care POA and a living will. For more information on durable health care POA’s visit the durable health care POA page at MentchLaw.com. For more information on living wills visit the living will page at MentchLaw.com. Additionally, information on other estate planning tools can also be found at MentchLaw.com. It is recommended to start at the estate planning overview page for an overview of estate planning.

A combined mental health care declaration and mental health POA is not just for elders or part of elder law estate planning, as accidents, disease, and incapacitation can strike young people as well as senior citizens. Incapacitated people may end up in a hospital for an extended stay, in a rehabilitation hospital, in an assisted living home, or with home nursing care or nursing home caregiving. A combined mental health care declaration and mental health POA allows the principal to designate an agent and grant or limit the agent’s powers, while the principal is healthy and of sound mind. Without a combined mental health care declaration and mental health POA, it can be difficult and time consuming for loved ones to get authority make certain health care decisions for the principal. However, a combined mental health care declaration and mental health POA can not only provide guidance as to your wishes and who your agent is to be, but it can also serve to help relieve stress and emotional decisions form loved ones.

Attorney Kirk E. Mentch, Esquire
www.MentchLaw.com