illadv1

      (755 ILCS 43/)

    (755 ILCS 43/1)
    Sec. 1. Short title. This Act may be cited as the Mental Health
Treatment Preference Declaration Act.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/5)
    Sec. 5. Definitions. As used in this Act:
    (1) "Adult" shall have the same meaning as provided in Section 10
of the Health Care Surrogate Act.
    (2) "Attending physician" shall have the same meaning as provided
in Section 10 of the Healthcare Surrogate Act.
    (3) "Attorney-in-fact" means an adult validly appointed under this
Act to make mental health treatment decisions for a principal under a
declaration for mental health treatment and also means an alternative
attorney-in-fact.
    (4) "Declaration"   means   a document making a declaration of
preferences or instructions regarding mental health treatment.
    (5) "Incapable" means that, in the opinion of 2 physicians or the
court,   a   person's   ability to receive and evaluate information
effectively or communicate decisions is impaired to such an extent that
the person currently lacks the capacity to make mental health treatment
decisions.
    (6) "Mental Health Facility" shall have the same meaning as
provided in Section 1-114 of the Mental Health and Developmental
Disabilities Code.
    (7) "Mental health treatment" means electroconvulsive treatment,
treatment of mental illness with psychotropic medication, and admission
to and retention in a mental health facility for a period not to exceed
17 days for care or treatment of mental illness.
    (8) "Physician" means a physician or psychiatrist as defined in
Sections 1-120 and 1-121, respectively, of the Mental Health and
Developmental Disabilities Code.
    (9) "Principal" means the person making a declaration for his or
her personal mental health treatment.
    (10) "Provider" means any mental health facility or any other
person which is devoted in whole or part to providing mental health
services.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/10)
    Sec. 10. Declaration of preference or instructions.
    (1) An adult of sound mind may make a declaration of preferences or
instructions regarding mental health treatment.   The preferences or
instructions may include consent to or refusal of mental health
treatment.
    (2) A declaration for mental health treatment may be invoked within
3 years of its execution unless it is revoked. The authority of a named
attorney-in-fact and any alternative attorney-in-fact named in the
declaration continues in effect as long as the declaration appointing
the attorney-in-fact is in effect or until the attorney-in-fact has
withdrawn. If a declaration for mental health treatment has been
invoked and is in effect at the expiration of 3 years after its
execution, the declaration remains effective until the principal is no
longer incapable.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/15)
    Sec. 15. Designation of attorney-in-fact.   A declaration   may
designate a competent adult to act as attorney-in-fact to make decisions
about mental health treatment. An alternative attorney-in-fact may also
be designated to act as attorney-in-fact if the original designee is
unable or unwilling to act at any time.   An attorney-in-fact who has
accepted the appointment in writing may make decisions about mental
health treatment on behalf of the principal only when the principal is
incapable.   The decisions must be consistent with any desires the
principal has expressed in the declaration.
(Source: P.A. 89-439, eff. 6-1-96.)