Legal Information

Mental Health Toolkit

Mental health

Last updated on 05/26/2021 at 7:10 pm

The information provided in this Toolkit is about issues and legal concerns related to mental illness. The information here is broad and general. Each answer is very short and simple. This means we have left out many details and many possible complications. This information is intended to help you understand the kinds of issues that may come up for people managing their mental illness. It is NOT intended to address every possible situation. As always, it is best to talk with a lawyer about particular problems.

Information about mental health advance directives

What is a mental health advance directive (MHAD)?

What type of treatment and instructions may be included on my MHAD?

What else can a MHAD do?

What else can I include on my MHAD?

If I have a MHAD, does my mental health service provider have to follow it?

If part of my MHAD cannot be followed, does that mean all of it will be ignored?

Do I have to make a MHAD?

What is your healthcare provider’s role in a MHAD?

Who can make a MHAD and when?

Do I need to have a mental health illness to create a MHAD?

When should I consider creating a MHAD?

When will my MHAD be used?

Do I have to write my own MHAD?

Why should I create a MHAD?

How do I create a MHAD?

Is there a form I can fill out?

Do I have a right to create a MHAD?

What must a MHAD include to be valid?

Do I have to fill out the entire MHAD form for it to be valid?

Do I have to appoint a mental healthcare representative for my MHAD to be valid?

Do I have to use any specific “form” for my MHAD to be valid?

Who can be a witness to the signing of my MHAD?

Who should have a copy of my MHAD?

How will others know I have a MHAD?

How long does my MHAD remain valid?

What if I no longer want my MHAD?

What is a Mental Healthcare Representative?

What is a Mental Healthcare Representative?

What is the role of your mental healthcare representative during a mental health crisis?

Does the person I name as my mental healthcare representative have any control over my mental health care if I am still capable of making my own decisions?

Can I limit the decisions my mental healthcare representative can make?

Who should be my mental healthcare representative?

Who CANNOT be my mental healthcare presentative?

Important things to remember when you are making your MHAD

When you can revoke your MHAD:

Providers may refuse to follow your MHAD if they:

If a provider refuses to follow your MHAD, you have the right to receive an explanation as to why they refused to follow your plan.

How to be an effective Mental Healthcare representative

Before Becoming a Mental Healthcare Representative

Being a Mental Healthcare Representative Before a Mental Health Crisis

Being a Mental Healthcare Representative During a Mental Health Crisis