Protection &
Advocacy, Inc.
ADVANCE DIRECTIVES
An Advance Directive, also known as a Durable Power of Attorney for Healthcare, is a legal document. It allows you to state in advance what you want to do about your health care if you become unable to make your own healthcare decisions.
An Advance Directive is an important tool for choice and empowerment. It normally goes into effect when:
1. You are in a coma, or you are mentally incapacitated, or you cannot communicate; or
2. A court finds you incompetent to make medical decisions due to dementia or mental illness.
An Advance Directive has two parts. They are (1) your
choice of a healthcare agent; and (2) your healthcare instructions. Either part
is legally binding by itself.
A healthcare agent is a person who makes decisions
on your behalf when you cannot do so, based on what that person knows about your
wishes and desires. You can limit the power of your healthcare agent.
Your healthcare instructions set out your choices about
doctors, facilities, medications, and emergency interventions. In most cases, a
facility must follow the instructions of your healthcare agent and your advance
directive. Both
PAI, with the California Network of Mental Health
Clients (CNMHC), has developed an Advance Directive form. It is called Advance Healthcare
Directive, PAI publication #5088.01. You can find it on the web at http://www.pai-ca.org/Pubs/508801.pdf.
PAI and CNMHC have begun training mental health clients and professionals about Advance Directives. PAI staff can also help with implementing and enforcing Advance Directives. If you need help with an Advance Directive, call 1-800-776-5746.
Advance Directives
English 5386.01
April 2003