Mental health advance directive

If you are a competent adult, Kentucky law recognizes your right to make a written declaration of your wishes about mental health treatment, specifically electroconvulsive therapy, psychotropic medications and restraint or seclusion. A mental health directive also allows you to designate one or more other adults to act as your surrogate and make your mental health treatment decisions if you are unable to do so.

Kentucky law requires your mental health directive be witnessed by two adults or notarized. Neither the witnesses nor the notary public may be your current health care provider, a relative of your current health care provider, nor an employee of the health facility in which you are a resident or admitted. Further, a mental health directive is not effective in a hospital’s emergency department.

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