Declaration for Mental Health Treatment

The Declaration for Mental Health Treatment is a document that allows you to tell a hospital providing mental health services what kinds of mental health treatment you want, in the event you become mentally incapacitated. A Declaration for Mental Health Treatment form indicates the kinds of mental health services you do or do not agree to (including such options as psychoactive medications, convulsive treatment and preferences for emergency treatment such as restraint, seclusion, or medication).

Important Points

• For the Declaration for Mental Health Treatment to become effective, a judge must find that you are incapacitated because you lack:

(1) the ability to understand the nature and consequences of a proposed treatment, including the benefits, risks and alternatives to the proposed treatment, and;
(2) the ability to make health care treatment decisions because of impairment.

• The law defines "incapacitated," and the court determines "incapacitation" in one of only two ways:

(1) in a guardianship proceeding, or
(2) in a hearing to consider the forced administration of psychoactive medication.

• The Declaration for Mental Health Treatment is valid for only three years from the date it is signed, unless you are judged mentally incompetent when the three years expires. In that case, it will remain valid until you become competent.
  
• You may change or cancel your Declaration for Mental Health Treatment at any time as long as you are mentally competent.
  
• You may obtain forms for the Declaration for Mental Health Treatment from a psychiatrist, psychologist, licensed social worker, other mental health provider or an attorney.

To read the Texas law regarding the Declaration for Mental Health Treatment, go to http://www.capitol.state.tx.us/ and look under Texas Statutes. The Declaration for Mental Health Treatment is Chapter 137 of the Civil Practice and Remedies Code.