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Making a Mental Health Power of Attorney
A Mental Health Power of Attorney is a legal document that grants a selected individual or entity permission to make mental healthcare decisions for you, such as admitting you into a facility and refusing or accepting certain treatments.
The individual granting control is known as the "principal," and the people or entities receiving powers are known as the "agents." Designed for all U.S. residents, Mental Health Power of Attorney forms from Rocket Lawyer can be fully customized for your specific scenario. As a result of this official document, your agent can provide confirmation to healthcare providers and other parties that they can legally act in your interest when you are not able.
It is fast and simple to assign or receive the support you might need with a free Mental Health Power of Attorney template from Rocket Lawyer:
This method is, in many cases, notably more affordable than finding and working with a conventional attorney. If necessary, you can fill out this Medical PoA on behalf of your spouse or another relative, and then have them sign it after you've drafted it. Please keep in mind that for a Power of Attorney to be considered valid, the principal must be a mentally competent adult when they sign. If the principal has already been declared legally incompetent, a court-appointed conservatorship may be necessary. When facing such a situation, it would be important to speak with a lawyer.
Every adult should have a Healthcare Power of Attorney. Although it may be painful to acknowledge, a time may come when you are not able to make your own medical decisions. Typical occasions where you might consider a PoA to be helpful include:
Regardless of whether this Mental Health Power of Attorney has been prepared as part of a long-term plan or created in response to an unexpected emergency, witnesses and/or notarization are strongly recommended for protecting your document if its lawfulness is questioned by a third party.
In discussing the topics of elder care or estate planning with healthcare or legal professionals, you may find that the terms "healthcare power of attorney" and "healthcare proxy" are used together. In reality, they are one and the same. That being said, you should keep in mind that it is possible to get power of attorney over affairs that aren't related to health care, in which case, "proxy" usually is not the term of choice.
Mental Health PoA forms are generally easy to make, but you or your agent may need legal advice. Locating a legal professional to check your document may take a long time if you attempt to do it by yourself. An easier approach worth consideration is to go through the Rocket Lawyer On Call® attorney network. Rocket Lawyer members have the ability to ask for a document review from an attorney with relevant experience or send additional questions. As always, you can live confidently knowing that Rocket Lawyer is here by your side.
The cost of working with a law firm to make a Mental Health Power of Attorney can total anywhere from $200 to $500, depending on your location. Rocket Lawyer isn't your average Power of Attorney template website. With us, anyone under a Premium membership can take advantage of up to 40% in savings when hiring an On Call attorney.
Attached to each Power of Attorney form, there's a list of proposed actions to take to finalize your document. You are encouraged to try any or all of the following actions related to your document: editing it, downloading it, printing it out, and/or signing it. Finally, you will need to give a copy of the fully signed document to your agent(s), care providers, and other impacted parties.
The specific requirements and restrictions governing PoA forms are different in each state; however, it is recommended to have your Power of Attorney notarized and/or signed by at least one witness to emphasize the credibility of the document. Finally, as a basic standard, witnesses must not be under the age of 18, and no witness should simultaneously be designated as your PoA agent.
Last reviewed or updated 08/27/2021