North Carolina Advance Instruction For Mental Health Treatment

STATE OF NORTH CAROLINA
ADVANCE INSTRUCTION FOR
MENTAL HEALTH TREATMENT
COUNTY OF
(NOTICE TO PERSON MAKING AN INSTRUCTION FOR MENTAL HEALTH
TREATMENT
This is an important legal document. It creates an instruction for mental health treatment.
Before signing this document you should know these important facts:
This document allows you to make decisions in advance about certain types of mental health
treatment. The instructions you include in this declaration will be followed if a physician or
eligible psychologist determines that you are incapable of making and communicating treatment
decisions. Otherwise, you will be considered capable to give or withhold consent for the
treatments. Your instructions may be overridden if you are being held in accordance with civil
commitment law. Under the Health Care Power of Attorney you may also appoint a person as
your health care agent to make treatment decisions for you if you become incapable. You have
the right to revoke this document at any time you have not been determined to be incapable.
YOU MAY NOT REVOKE THIS ADVANCE INSTRUCTION WHEN YOU ARE FOUND
INCAPABLE BY A PHYSICIAN OR OTHER AUTHORIZED MENTAL HEALTH TREATMENT
PROVIDER. A revocation is effective when it is communicated to your attending physician or
other provider. The physician or other provider shall note the revocation in your medical
record. To be valid, this advance instruction must be signed by two qualified witnesses,
personally known to you, who are present when you sign or acknowledge your signature. It must
also be acknowledged before a notary public.
NOTICE TO PHYSICIAN OR OTHER MENTAL HEALTH TREATMENT PROVIDER
Under North Carolina law, a person may use this advance instruction to provide consent for
future mental health treatment if the person later becomes incapable of making those decisions.
Under the Health Care Power of Attorney the person may also appoint a health care agent to
make mental health treatment decisions for the person when incapable. A person is “incapable”
when in the opinion of a physician or eligible psychologist the person currently lacks sufficient
understanding or capacity to make and communicate mental health treatment decisions. This
document becomes effective upon its proper execution and remains valid unless revoked. Upon
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being presented with this advance instruction, the physician or other provider must make it a
part of the person’s medical record. The attending physician or other mental health treatment
provider must act in accordance with the statements expressed in the advance instruction when
the person is determined to be incapable, unless compliance is not consistent with G.S. 122C74(g). The physician or other mental health treatment provider shall promptly notify the
principal and, if applicable, the health care agent, and document noncompliance with any part
of an advance instruction in the principal’s medical record. The physician or other mental
health treatment provider may rely upon the authority of a signed, witnessed, dated and
notarized advance instruction, as provided in G.S. 122C-75.)
I,
, being an adult of sound mind, willfully
and voluntarily make this advance instruction for mental health treatment to be followed it if is
determined by a physician or eligible psychologist that my ability to receive and evaluate
information effectively or communicate decisions is impaired to such an extent that I lack the
capacity to refuse or consent to mental health treatment. “Mental health treatment” means the
process of providing for the physical, emotional, psychological, and social needs of the principal.
“Mental health treatment includes electroconvulsive treatment (ECT), commonly referred to as
“shock treatment”, treatment of mental illness with psychotropic medication, and admission to
and retention in a facility for care or treatment of mental illness.
I understand that under G.S. 122C-57, other than for specific exceptions stated there,
mental health treatment may not be administered without my express and informed written
consent or, if I am incapable of giving my informed consent, the express and informed consent of
my legally responsible person, my health care agent named pursuant to a valid health care power
of attorney, or my consent expressed in this advance instruction for mental health treatment. I
understand that I may become incapable of giving or withholding informed consent for mental
treatment due to the symptoms of a diagnosed mental disorder. These symptoms may include:
.
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PSYCHOACTIVE MEDICATIONS
If I become incapable of giving or withholding informed consent for mental health
treatment, my instructions regarding psychoactive medications are as follows: (Place initials
beside choice.)
______
I consent to the administration of the following medications:
______
I do not consent to the administration of the following medications:
Conditions or limitations:
ADMISSION TO AND RETENTION IN FACILITY
If I become incapable of giving or withholding informed consent for mental health
treatment, my instructions regarding admission to and retention in a health care facility for
mental health treatment are as follows: (Place initials beside choice.)
_____
I consent to being admitted to a health care facility for mental health
treatment. My facility preference is
.
_____
I do not consent to being admitted to a health care facility for mental
health treatment.
This advance instruction cannot, by law, provide consent to retain me in a facility for more than
ten (10) days.
Conditions or limitations:
ADDITIONAL INSTRUCTIONS
These instructions shall apply during the entire length of my incapacity. In case of
mental health crisis, please contact:
1.
Name:
Home Address:
Home Telephone Number:
Work Telephone Number:
Relationship to Me:
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2.
Name:
Home Address:
Home Telephone Number:
Work Telephone Number:
Relationship to Me:
3.
My Physician:
Name:
Telephone Number:
4.
My Therapist:
Name:
Telephone Number:
The following may cause me to experience a mental health crisis:
The following help me avoid a hospitalization:
I generally react to being hospitalized as follows:
Staff of the hospital or crisis unit can help me by doing the following:
I give permission for the following person or people to visit me:
Instructions concerning any other medical interventions, such as electroconvulsive (ECT)
treatment (commonly referred to as “shock treatment:
Other instructions:
_____
(Initial if applicable) I have attached an additional sheet of instructions to
be followed and considered part of this advance instruction.
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SHARING OF INFORMATION BY PROVIDERS
I understand that the information in this document may be shared by my mental health
treatment provider with any other mental health treatment provider who may serve me when
necessary to provide treatment in accordance with this advance instruction.
Other instructions about sharing of information:
SIGNATURE OF PRINCIPAL
By signing here, I indicate that I am mentally alert and competent, fully informed as to
the contents of this document, and understand the full impact of having made this advance
instruction for mental health treatment.
Date
Signature of Principal
NATURE OF WITNESSES
I hereby state that the principal is personally known to me, that the principal signed or
acknowledged the principal’s signature on this advance instruction for mental health treatment in
my presence, that the principal appears to be of sound mind and not under duress, fraud, or
undue influence, and that I am not:
a.
The attending physician or mental health service provider or an employee
of the physician or mental health treatment provider;
b.
An owner, operator, or employee of an owner or operator of a health care
facility in which the principal is a patient or resident; or
c.
Related within the third degree to the principal or to the principal’s
spouse.
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AFFIRMATION OF WITNESS
We affirm that the principal is personally known to us, that the principal signed or
acknowledged the principal’s signature on this advance instruction for mental health treatment in
our presence, that the principal appears to be of sound mind and not under duress, fraud, or
undue influence, and that neither of us is:
a.
A person appointed as an attorney-in-fact by this document;
b.
The principal’s attending physician or mental health service provider or a relative
of the physician or provider;
c.
The owner, operator, or relative of an owner or operator of a facility in which the
principal is a patient or resident; or
d.
A person related to the principal by blood, marriage or adoption.
Witnessed by:
Witness
Witness
Date
Date
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STATE OF NORTH CAROLINA
COUNTY OF
CERTIFICATION OF NOTARY PUBLIC
, a Notary Public for the County cited
I,
above in the State of North Carolina, hereby certify that
appeared before me and swore or affirmed to me and to the witnesses in my presence that this
instrument is an advance instruction for mental health treatment, and that he/she willingly and
voluntarily made and executed it as his/her free act and deed for the purposes expressed in it.
I further certify that
and
, witnesses, appeared before me and swore or affirmed that they
witnessed
sign the attached advance instruction for
mental health treatment, believing him/her to be of sound mind; and also swore that at the time
they witnessed the signing they were not (i) the attending physician or mental health treatment
provider or an employee of the physician or mental health treatment provider and (ii) they were
not an owner, operator, or employee of an owner or operator of a health care facility in which the
principal is a patient or resident, and (iii) they were not related within the third degree to the
principal or to the principal’s spouse. I further certify that I am satisfied as to the genuineness
and due execution of the instrument.
This the
day of
, 20
.
Notary Public
My Commission Expires:
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