A Mental Health Care Power of Attorney is similar to a Health Care Power of Attorney in that it allows you to name a person of your choosing to make decisions for you in the event of incapacity. However, a Mental Health Care Power of Attorney only allows this person to make decisions about your mental health treatment. You may also name an alternate adult (or adults) to make these decisions if the person you name originally is unwilling or unable to act on your behalf.
You must be a legal adult, 18 years of age or older, to make a valid Mental Health Care Power of Attorney. You must also be of sound mind when you make and sign the Mental Health Care Power of Attorney. In addition, this document must be notarized.
The stipulations in your Mental Health Care Power of Attorney will take effect only when it is determined that you incapable of making decisions on your own. These decisions must be consistent with any wishes you expressed in your Mental Health Care Power of Attorney.
You should always hire an experienced attorney to handle the document preparation when it comes to a Power of Attorney. The attorney will be able to give details on what the process and document entails.
