Planning for Incapacity - Advance Directive for Mental Health Care
Oklahoma’s Advance Directive for Mental Health Treatment Act allows a person to consent to or decline mental health treatment in advance. 43A O.S. §§ 11-103 through 11-113.
The Advance Directive for Mental Health Treatment allows a person to:
Mental health treatment is defined as “convulsive treatment, treatment with psychoactive medication, and admission to and retention in a facility for a period of up to 28 days.” 43A O.S. § 11-103(8).
When Does an Advance Directive for Mental Health Become Effective? Like the Advance Directive for Health Care, an Advance Directive for Mental Health Treatment becomes operative only when a person is incapable.
A person is incapable if, in the opinion of two physicians or clinical psychologists currently licensed to practice in Oklahoma, the “person’s ability to receive and evaluate information effectively or communicate decisions is impaired as a result of a mental illness to such an extent that the person currently lacks the capacity to make mental health treatment decisions.” 43A O.S. § 11-103(11).
Executing an Advance Directive for Mental Health
Any person who is at least 18 years old and is mentally capable can execute an Advance Directive for Mental Health Treatment. Executing a directive in no way indicates that a person is mentally incompetent. 43A O.S. § 11-104.
A valid advance directive must be signed in front of two witnesses who are at least 18 years old and who attest that the declarant appears capable and is not subject to coercion or fraud. It must also be notarized (unlike an Advance Directive for Health Care). 43A O.S. § 11-105.
The form provides space to give instructions regarding future mental health care. Possible instructions include:
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