Mental Health Living Will, Duty to Comply
Upon its completion, the declarant
must notify his or her
attending physician of
the
mental health living will's existence. If a copy of the document is given to a
physician or other
mental health care
provider, that person is required to make it a part of the declarant's
mental health record for at least two years.
Any mental health care provider who cannot comply with the terms of a mental
health living will must inform the declarant or the individual responsible
for the declarant's well-being and make every reasonable effort to assist in
transferring the declarant to a provider who is willing to comply with its
terms. However, the declarant must be treated according to the terms
of the mental health living will while the transfer is pending.
See: Mental Health Living Will, Liability For Compliance;
Mental Health Living Will, Generally;
Mental Health Living Will, Who May Create;
Mental Health Living Will, Duration of Effect;
Witnesses, Generally
