Advanced Directives for Mental Health Care
By Herbert D. Hinkle and Ira M. Fingles
New Jersey permits a capacitated person to
sign a directive authorizing a representative to make mental health care
decisions in the event of subsequent incapacity.
"Capacity" is defined to mean the ability to understand and
appreciate the nature and consequences of mental health care decisions, including
the benefits and risks of each, and alternatives to any proposed mental health
care, and to reach an informed decision.
Mental health care decisions include medication, therapy and
in-patient psychiatric care. The power to make a decision includes both the
power to accept care and the power to reject care.
The law places limits on who can witness such documents. A
designated representative and a mental health provider directly involved with
the declarant cannot be a witness. Relatives, people who will take responsibility under the
declarant's estate, and facility operators cannot be the sole witnesses.
A capacitated person can revoke a directive.
A directive should include the power to have access to records.
Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Plymouth Meeting and Bala Cynwyd,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2009 Hinkle, Fingles & Prior, Attorneys at Law. All rights reserved.
