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DECLARATION FOR MENTAL HEALTH TREATMENT It is a declaration that allows, or disallows, mental health treatment.
Step 1: Decide your wishes. The first step is to think through and write down how you want to be treated when you have a mental health crisis or are hospitalized. Step 2: Find your health care agent. Step 3: Write your advance directive. Step 4: Give out copies of your psychiatric advance directive.
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.
No, generally your brother with a durable general power of attorney (DGPOA) does not have authority to supersede your father's advance directive.
A Power of Attorney must be granted by the person needing the assistance.If the person is already incapacitated, then they cannot grant you Power of Attorney. You cannot make yourself their Power of Attorney or apply to be their Power of Attorney.
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.
Step 1: Decide your wishes. The first step is to think through and write down how you want to be treated when you have a mental health crisis or are hospitalized. Step 2: Find your health care agent. Step 3: Write your advance directive. Step 4: Give out copies of your psychiatric advance directive.
A guardianship can give someone control over the incapacitated person, over the incapacitated person's property, or both. After being appointed as guardian by the courts, that person will have the legal authority to make decisions within the scope authorized by the court.
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.