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| Model legislation for an Advanced Directive regarding future mental health treatment from Illinois |
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You may also appoint a person as your attorney-in-fact to make these treatment decisions for you if you become incapable. The person you appoint has a duty to act consistent with your desires as stated in this document or, if your desires are not stated or otherwise made known to the attorney-in-fact, to act in a manner consistent with what the person in good faith believes to be in your best interest. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person also has the right to withdraw from acting as your attorney-in-fact at any time. This document will continue in effect for a period of 3 years unless you become incapable of participating in mental health treatment decisions. If this occurs, the directive will continue in effect until you are no longer incapable. You have the right to revoke this document in whole or in part at any time you have been determined by a physician to be capable of giving or withholding informed consent for mental health treatment. A revocation is effective when it is communicated to your attending physician in writing and is signed by you and a physician. The revocation may be in a form similar to the following: REVOCATION I, ........., willfully and voluntarily revoke my declaration for mental health treatment as indicated [ ] I revoke my entire declaration [ ] I revoke the following portion of my declaration ........................................................................ ........................................................................ ........................................................................ ........................................................................ Date ............... Signed ........................ (Signature of principal) I, Dr. ..............., have evaluated the principal and determined that he or she is capable of giving or withholding informed consent for mental health treatment. Date .............. ........................ (Signature of physician) If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you. This declaration will not be valid unless it is signed by 2 qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature. (Source: P.A. 89-439, eff. 6-1-96; 90-655, eff. 7-30-98.) |