May is Mental Health Awareness Month, and so this month we shine a spotlight on the Psychiatric Advance Directive (PAD), which can be used to supplemental a general Advance Health Care Directive for individuals diagnosed with mental illness.

 

Mental Health conditions can become chronic illnesses. As with any other chronic condition, a person who has been doing well can unexpectedly experience a health crisis or “relapse”.  During a time when they are doing well, individuals can plan ahead for a potential future crisis by indicating their wishes regarding their mental health treatment, medications, therapies, hospitalization, and decision-making.  By outlining all this in an estate planning PAD, it ensures that their wishes are respected even when they are mentally affected.

 

PAD Benefits

1. Ensuring Quality of Care: By expressing preferences for specific treatments or facilities in advance, individuals can ensure they receive care aligned with their values and beliefs. This can contribute to better mental health outcomes and reduce the likelihood of involuntary hospitalizations or treatments that may not align with their wishes.

 

2. Reducing Family Conflicts: Mental illness can create complex family dynamics, especially regarding treatment decisions. PAD serves as a guide for family members, reducing the potential for conflicts and legal disputes by providing clarity on the individual’s preferences and designated decision-makers.

 

3. Alleviating Burden on Loved Ones: Mental illness can place significant emotional and logistical burdens on family members tasked with making treatment decisions. PAD relieves loved ones of this responsibility by clearly articulating the individual’s wishes, thereby reducing stress during already challenging times.

 

Widlast Legal’s Role

1. Client Education: For clients with a history of mental illness, our attorneys explain the importance of including a PAD as part of a comprehensive estate plan. We work closely with clients to draft a document that reflects their unique preferences, values, and circumstances. This may involve exploring various treatment options, discussing potential scenarios, and ensuring that the directives comply with relevant state laws and regulations.

 

2. Regular Review and Updates: Mental health preferences and circumstances can change over time. Therefore, we encourage clients to review and update their PAD and AHCD periodically.

 

3. Collaboration with Mental Health Professionals: Collaborating with mental health professionals, such as therapists or psychiatrists, can enhance the effectiveness of the PAD by ensuring that the directives are informed by clinical expertise and tailored to the individual’s unique needs and preferences.

 

Incorporating Mental Health Advance Directives into estate planning services empowers individuals to articulate their mental health preferences and values.  As an estate planning law firm, Widlast Legal helps individuals with mental illness preserve their autonomy and mitigate potential conflicts or uncertainties during times of incapacity.