Power of Attorneys for Mental Health

Dan D. Shanville Statewide Notary Education, LLC, Notary Newsletter, February, 2017 vol.2, no.2:

The incapacity of a principal shall be established by two physicians who have personally examined the principal, determined that he is incapable, and signed a written certificate. The written certificate shall be made part of the principal’s medical record.

The determination that the principal has regained his capacity while in the treatment facility shall be made by any licensed physician and entered in the principal’s medical record. The principal automatically regains his capacity when he is discharged from the treatment facility.

The representative shall not have the authority to make mental health treatment decisions unless the principal is determined to be incapable as provided in R.S. 28:226.

The representative shall not be, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.

Except to the extent the right is limited by the advance directive or any federal law, a representative shall have the same right as the principal to receive information regarding both proposed and administered mental health treatment and to receive, review, and consent to disclosure of medical records relating to that treatment. This representative’s right of access to the principal’s mental health treatment information shall not waive any evidentiary privilege.

In exercising authority under the advance directive, the representative shall act consistently with the expressed desires of the principal. If the principal’s desires are not expressed in the advance directive and not otherwise known by the representative, the representative shall act in what the representative in good faith believes to be the best interests of the principal.

A representative shall not be subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance directive for mental health treatment.

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