Mental Health Living Will, Amending
Prior to being determined incapable of making
mental health care
decisions independently, a declarant
may amend the
mental health living will at any time.
A declarant who has been
involuntarily committed must be found capable of making independent
mental health care treatment decisions before being permitted to amend his
or her mental health living will. Such a determination can only be made by a
psychiatrist, whose opinion must be substantiated by at least one of the
following:
1. Another psychiatrist.
2. A psychologist.
3. A family physician.
4. An attending physician.
5. A mental health
treatment professional.
Without the appropriate determination by at least two of the above persons,
the mental health living will cannot be amended during periods of
involuntary commitment. Also, amending a mental health living will
requires the same formalities of
execution and
witnesses that are necessary to
create an original mental health living will.
See: Mental Health Living Will,
Generally;
Mental Health Living Will, Who May Create;
Mental Health Living Will, Duration of Effect;
Witnesses, Generally
