Healthy Living

Psychiatric Advance Directives

As Psychiatric Advance Directive allows an individual to designate who would make mental health decisions for the patient in the event the patient cannot speak for himself or herself and mental health treatment is required. Currently, 25 States have statutes recognizing the validity of psychiatric advance directives, but other States such as Georgia, are considering them.

Historically, psychiatric advance directives are legal instruments that offer three types of self-directed planning for the patient’s own mental health care in anticipation of subsequent incapacity: (1) informed consent to future treatment; (2) a statement of personal values and preferences to guide future health care decisions; and (3) appointment of a mental health agent to act as proxy decision maker for mental health treatment. In Cruzan v. Director, Missouri Department of Health, the Supreme Court found that where the “prior expressed wishes” of an incapacitated patient can be determined by clear and convincing evidence, those wishes should be honored. The federal Patient Self-Determination Act of 1990 allows patients to documents their expressed prior wishes and requires hospitals and other health care organizations to inform patients of their rights under state law to prepare an AD, to inquire and document whether patients have executed advance directives, to ensure compliance with state laws by respecting advance directives, and to educate health care providers regarding these legal instruments.

Update (4/13/2022): HB 752 passed both houses of the Georgia legislature and is awaiting the governor’s signature. It creates the Psychiatric Advance Directive Act, providing patients with a mental health diagnosis the opportunity to direct their own care and to appoint an agent to assist with mental health care decisions. Bill text.

Resources:

Current version of statutory form in HB 752:

Published by
David McGuffey

Recent Posts

CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final…

1 week ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment…

2 weeks ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re…

2 weeks ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security…

2 weeks ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining…

2 weeks ago