How can a person with mental illness make their own decisions about treatment?

In California, a person with mental illness can make their own decisions about treatment by having a “Health Care Surrogate” in place. A Health Care Surrogate is a person that is legally responsible for making decisions about a person’s health care if they become physically or mentally unable to do so. This person can be appointed to the individual through a Durable Power of Attorney for Health Care form. The form lists who, among the individual’s family and friends, can make decisions about health care for them if they are unable to do so. In addition, a person can also make their own decisions about treatment if they have been declared mentally competent by a court of law. The court will review medical and mental health evidence to evaluate if the individual can make decisions about their treatment and other medical matters. Finally, a person in California may also be able to make their own decisions if they “consent” to the treatment. This is a legal term meaning that the person has given their clear and voluntary agreement to the treatment. Because mental illness may affect an individual’s ability to give consent, this also requires evidence to be presented in court. In summary, a person with mental illness can make their own decisions about treatment in California by having a Health Care Surrogate in place, being declared mentally competent by a court of law, and providing consent to the treatment.

Related FAQs

What is the role of psychiatrists in mental health law?
What is the right to a court-appointed attorney?
What are the rights of a person receiving mental health treatment?
What is the difference between non-emergency and emergency mental health treatment?
What rights do people with mental illness have under the law?
What is the standard for involuntary commitment?
How can a person get out of a mental health commitment?
What is the right to receive notice of commitment?
What is the difference between an inpatient and an outpatient mental health facility?
What is the right to a second opinion?

How can a person with mental illness make their own decisions about treatment?

Related FAQs

Related Blog Posts