What is a mental health care power of attorney?
A Mental Health Care Power of Attorney lets you appoint someone to make decisions for you related to your mental health and mental health care if you are unable to make those decisions for yourself. Only a Mental Health Care Power of Attorney, or a guardian appointed by the court, can authorize your admission to a mental health care facility for treatment of mental illness without your consent. You may choose the same person to be your Mental Health Care Power of Attorney and your Health Care (Medical) Power of Attorney, or you can choose a different person. You should choose the person who knows the most about your mental health concerns and mental health care.
As the name itself suggests, a mental health care power of attorney gives the agent the power to consent to mental health treatment in an inpatient setting. This can be important, especially in cases of advancing dementia–sometimes demented patients become combative or display symptoms of mental illness and require stabilization in a secure setting. Although a health care power of attorney generally conveys all authority to the agent to make medical decisions, placement in a mental health treatment facility usually requires either the consent of the patient, a court order or a mental health care power of attorney.
