Austin Texas Declaration for Mental Health Treatment

State:
Texas
City:
Austin
Control #:
TX-P0101
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is provided in the Texas Civil Practice and Remedies Code. It allows you to make mental health decisions in advance regarding mental health treatments.

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FAQ

A Declaration for Mental Health Treatment (DMHT) is a legal document that allows people to plan ahead for mental health services they might receive and to say how they want to be treated or not be treated when they lack capacity to make informed decisions about their mental health treatment.

Texas Advance Directive Forms. An advance directive is a legally binding document that gives instructions for your healthcare in the event that you are no longer able to make or communicate those decisions yourself.

There are two main elements in an advance directive?a living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.

The Medical Power of Attorney and the Mental Health Treatment Declaration must be in substantially the same form as written in the law. For a directive to physicians, you may write out your wishes, sign the paper, have it witnessed by the required people and it is effective.

After the judge has issued the Mental Health Warrant, the proposed patient is served with the warrant, and transported to the nearest mental health facility for a psychiatric evaluation to be conducted within 12 hours.

Advance directives do not need to be notarized, only witnessed, signed and dated. Two witnesses are required. Only one of them may be a family member or caregiver. The lack of advance directives will not impact your access to care.

A mental health warrant allows a law enforcement agency to detain a person and take that person to a mental health hospital for an evaluation. It also allows the applicant to answer questions and state why that person is in need of mental health treatment.

In order to begin the Involuntary Commitment process, a Mental Health Warrant must be issued. This warrant serves as a Magistrate's Order for Emergency Apprehension and Detention. The ?Magistrate? is the Judge who will issue the warrant.

Types of Advance Directives The living will.Durable power of attorney for health care/Medical power of attorney.POLST (Physician Orders for Life-Sustaining Treatment)Do not resuscitate (DNR) orders.Organ and tissue donation.

A judge can order a peace officer to take you to an inpatient mental health facility based on an application filed by an adult, or. a peace officer can detain you and take you to an inpatient mental health facility without a court order or a warrant.

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Austin Texas Declaration for Mental Health Treatment