Declaration for mental health treatment allows you to make decisions in advance about types of mental health treatment. You may appoint a person to make treatment decisions for you
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All references made in accordance
with Oregon Revised Statues
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The Oregon Declaration for Mental Health Treatment is an important legal document. Before signing this document, you should know these important facts:
This document allows you to make decisions in advance about certain types of mental health treatment:
- Psychoactive medication;
- Short-term (not to exceed 17 days) admission to a treatment facility;
- Convulsive treatment; and
- Outpatient services.
Outpatient services are mental health services provided by appointment by licensed professionals and programs. The instructions that you include in this declaration will be followed only if a court or two physicians believe that you are incapable of making treatment decisions. Otherwise, you will be considered capable to give or withhold consent for the treatments. Your instructions may be overridden if you are being held pursuant to civil commitment law.
You may also appoint a person as your representative to make treatment decisions for you if you become incapable. The person you appoint has a duty to act consistently with your desires as stated in this document or, if not stated, as otherwise known by the representative. If your representative does not know your desires, he or she must make decisions in your best interests. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person also has the right to withdraw from acting as your representative at any time. A “representative” is also referred to as an “attorney-in-fact” in state law but this person does not need to be an attorney at law.
The Oregon Declaration for Mental Health Treatment will continue in effect for a period of three years unless you become incapable of participating in mental health treatment decisions. If this occurs, the directive will continue in effect until you are no longer incapable.
You have the right to revoke this document in whole or in part at any time you have not been determined to be incapable.
YOU MAY NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is effective when it is communicated to your attending physician or other provider.
If there is anything in this document (the Oregon Declaration for Mental Health Treatment) that you do not understand, you should ask a lawyer to explain it to you. This declaration will not be valid unless it is signed by two qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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