SB 5223-S.E - DIGEST

(DIGEST AS ENACTED)

Recognizes that a mental health advance directive can be an essential tool for an individual to express his or her choices at a time when the effects of mental illness have not deprived him or her of the power to express his or her instructions or preferences.

Finds that: (1) A mental health advance directive must provide the individual with a full range of choices;

(2) Mentally ill individuals have varying perspectives on whether they want to be able to revoke a directive during periods of incapacity;

(3) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want their directives treated during periods of incapacity; and

(4) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.

Affirms that, pursuant to other provisions of law, a validly executed mental health advance directive is to be respected by agents, guardians, and other surrogate decision makers, health care providers, professional persons, and health care facilities.