Declaration for Mental Health Treatment

While the Ohio Durable Power of Attorney for Health Care (“DPOAHC”) covers both mental and physical health issues, the standard DPOAHC does not address mental health issues in significant detail. For those with a mental illness, a Declaration for Mental Health Treatment may be an appropriate addition to the DPOAHC.

A Declaration for Mental Health Treatment gives mental health care providers direction regarding treatment in the event a patient cannot make his or her own decisions. The law also allows the declarant to name a person who can make mental health decisions for him/her, called a “proxy”. A proxy is required to follow the instructions in the Declaration or to do what the declarant has told him/her to do. The proxy will be able to view all mental health medical records. The proxy must accept his/her appointment in writing by signing the Declaration and may withdraw from the appointment with written notice at any time. When selecting a proxy, choose someone who is well suited for this serious responsibility.

Anyone may draft his/her own Declaration for Mental Health Treatment. However, most people obtain a form from an attorney.

The Declaration for Mental Health Treatment is good for three years unless revoked.

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    Mark S. Reckman

    Mark Reckman has been with Wood + Lamping since 1979 and has served as the head of the Real Estate and Probate Practice Areas as well as managing partner of the firm.

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