Declaration For Mental Health Treatment 

A common misconception is that creating a will
is an estate plan. Instead your will is only a piece of the plan. When you work with a qualified, experienced estate planning attorney, you will learn that your plan should include documents that address your specific needs. This may include both common documents such as Powers of Attorney and some documents that are designed to address specific or less-than-common situations. The first step of the planning process is discussing your unique situtation and goals with your attorney because there is no one-size-fits-all solution for everyone. 

In Texas, one specific purpose and less common form is a Declaration of Mental Health Treatment, sometimes called a Psychiatric Advance Directive. Though it may not be commonly used, it is a legal document that allows you to state your preferences for mental health treatment. This document is a type of advanced directive addressing three different types of mental health treatment. 

  1. Which psychotropic medications (e.g., antidepressants, anti-anxiety drugs, stimulants, anti-psychotics, and mood stabilizers) do you wish to receive or not receive?
  2. Do you wish to receive electroconvulsive treatment (ECT)?
  3. What types of things can the doctors do to calm you down?

Regarding #3, people suffering from mental health conditions may have discovered certain activities and actions they can undertake to get them to relax or calm down amid the attack. These will be unique to you, and this information can be essential to medical professionals. 

If your situation suggests this document may be a good fit for your plan, it will allow you to make these decisions while you have the mental capacity to advocate for yourself.  Like each of the elements of your estate plan, it should be reviewed periodically and updated when necessary.

The Law Offices of Debbie J. Cunningham

Contact our office to schedule your consultation to continue the discussion of Declarations of Mental Health Treatment. We can also assist you with living wills (which are referred to as a Directive to Physicians in Texas).

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Law Offices of Debbie J. Cunningham

Debbie Cunningham is an Irving attorney providing affordable estate planning to the Dallas/ Fort-Worth areas. She understands the steps you should take to protect yourself and your loved ones. Debbie is family-focused and wants to ensure her clients are fully informed on the options that are available for their families. Debbie’s own blended family has given her valuable insights into the complexities of family dynamics.

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