Advance Directive For Mental Health Care Page 9
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13What must I do to have a legally binding advance directive for mental
health care?
The declaration must be in writing, signed by you, and witnessed by two
adults.
Can anyone be a witness?
No, there are limitations on who can be a witness. You need witnesses who
are not immediate family members, not your doctor or patient advocate, not an
employee of a public or private hospital or community mental health program
where you are a patient or client.
You can have friends, people you know, or neighbors, for instance, sign as
witnesses.
Does the document need to be signed by a notary?
No.
What does a patient advocate need to do before acting for me?
Before the patient advocate can act, he or she must sign an acceptance.
This can be done at the time you complete the document or at a later time. The
general language of the acceptance is set forth in law.
Is there a required form for the document?
No. You may choose to use the sample form in this pamphlet.
Make sure when you complete the document you type or print clearly.
Must I use a fill-in-the-blanks form?
No. You have the right to have a lawyer write an advance directive for you.
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