Seeking inpatient mental health treatment can be daunting, especially when considering the unique needs of individuals with disabilities. Whether the individual is a minor or an adult, understanding the complex legal issues involved in assisting a loved one get the help they need is crucial in making informed decisions.
Decision-Making Power
When it comes to decision-making, there are different scenarios to consider. If the individual is an adult and has a legal guardian or power of attorney (POA), the process will normally vary from when the individual themselves, or a parent or sibling of an adult without guardianship or the parent of a minor child, is making the decisions. If you’re the parent of a minor or legal guardian of someone with a disability, you have the authority to make many decisions for your child or ward in various situations. When seeking inpatient mental health treatment against the wishes of an adult individual even as the Court appointed legal guardian, however, you must still petition the Court for approval.
When you are acting as Agent under a Durable Power of Attorney (DPOA), the ability to make decisions regarding inpatient treatment for the individual with a disability will vary depending upon the type of power of attorney you have and the state in which you reside. There is immediate power of attorney and springing power of attorney, and it’s important to understand the distinction between the two. Immediate power of attorney is where the agent can act on behalf of the individual from the day the Power of Attorney is signed and properly executed in accordance with the rules of the state in which the person needing mental health assistance resides. Some states require the power to be witnessed and notarized. Other states only require either a witness or a notary. It is important to know what your particular state requirements are. Springing power of attorney, on the other hand, only activates when the individual is deemed unable to make decisions for himself or herself by a doctor familiar with the individual.
To help you navigate these legal complexities, check out the Special Needs Alliance network to speak to a legal expert who understands your state’s laws.
