MENTAL HEALTH/PSYCHIATRIC TREATMENT Consent to treatment (including medication management), admission to mental health facility, psychiatric beds
Options Advance directive for health care Voluntary admission to a mental health facility Involuntary admission to a mental health facility Behavioral Health Administration (BHA) resources Advance directive for mental health services. Sometimes referred to as a “mental health care power of attorney,” these are instructions regarding how mental health decisions will be made and treatment preferences if a person later becomes unable to make informed decisions about their own care. This type of advance directive can name an agent who is authorized to make decisions during any period the person is incapable of making their own. It can also include specific instructions or preferences about: • Medication • Treatments including electroconvulsive therapy (ECT), transcranial magnetic stimulation (TMS) • Mental health providers, programs, and facilities • Experimental treatment or trials • Information sharing with third parties and visitors • Other special considerations Like an advance directive for health care (discussed above), any competent adult can voluntarily create an advance directive for mental health services. An advance directive can be written or electronic. There is no required format, but the Behavioral Health
Observations and Notes
Administration and Mental Health Association of Maryland have templates. It can also be made orally to a health care provider. Md. Code, Health-General Art., § 5-602.1 Voluntary admission to a psychiatric hospital. A competent person who is at least 16 years old can be voluntarily admitted to a psychiatric facility. In this context, competent means that the person: • Has a mental disorder that is susceptible to care or treatment, • Understands the nature of a request for voluntary admission, • Can give continuous consent to being held at the facility, and • Is able to request release from the facility. With appropriate supports and accommodations, a patient may be able to voluntarily participate in the admission process. Md. Code, Health-General Art., § 10-609 Involuntary admission to a mental health facility. Guardianship is not needed to involuntarily commit a person to a mental health facility. In fact, a guardian does not have authority to involuntarily commit someone under guardianship to a mental facility. If the patient needs but does not consent to admission to a mental health facility, any individual with a legitimate interest in the patient’s welfare can apply to a facility for them to be involuntarily admitted. 15
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