According to Utah law, a person 18 years of age or older may prepare a written directive to control the health care treatment decisions that can be made on that person behalf
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Utah law expressly encourages the issuance of Declaration for Mental Health Treatment. Legal Helpmate® provide a statutory form that is provided for in the Utah Code.
This is an important legal document. The Utah Declaration for Mental Health Treatment is a legal document that allows, or disallows, mental health treatment. Before signing this document, you should know that:
- This document allows you to make decisions in advance about three types of mental health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 days) admission to a mental health facility;
- The instructions that you include in this declaration will be followed only if a court or two physicians believe that you are incapable of otherwise making treatment decisions. Otherwise, you will be considered capable to give or withhold consent for treatment;
- You may also appoint a person as your attorney-in-fact to make these 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, to make decisions in accordance with what that person believes, in good faith, to be in your best interest. 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 attorney-in-fact at any time;
- This Utah 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 legal document in whole or in part, or the appointment of an attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY NOT REVOKE THE DECLARATION OR APPOINTMENT 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; and
- If there is anything in this Utah Declaration for Mental Health Treatment that you do not understand, you should ask an attorney to explain it to you. This declaration is not 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.
Do not sign Utah Utah Declaration for Mental Health Treatment unless you clearly understand it.
It is suggested that you keep the original of this document on file with your physician and family members.
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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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