How can a person with mental illness make their own decisions about treatment?
In North Carolina, a person with mental illness has certain legal rights to make decisions about their own treatment. This means that they can choose which type of treatment or services they would like to receive, and who they would like to provide the services. If a person with mental illness is not able to make decisions for themselves, for example due to being too ill or lacking capacity, then a guardian may be appointed to do so. In these cases the guardian is appointed by the court and has the legal responsibility to make decisions relating to the person’s treatment. In some cases a person may choose to create and register an Advance Directives (AD). An AD is a document that outlines the preferences of an individual about their mental health care in the event that the individual cannot make decisions for themselves due to illness. In North Carolina, the AD must be signed and witnessed to be legally binding. In North Carolina a person with mental illness also has the legal right to refuse treatment, so long as they are deemed to be of sound mind and have the ability to make informed decisions. This right is protected under the law, and healthcare providers must respect it. Overall, in North Carolina a person with mental illness is granted certain freedoms to make their own decisions regarding their treatment. This includes the right to create an Advance Directives, and the right to refuse treatment in certain circumstances.
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