Screen 10: Admission to Mental Health Facilities
The law in Virginia now allows you to give your agent the authority to consent to your admission to a mental health facility when you are not able to make that decision for yourself. There are some requirements and limitations on this authority. You must be examined by a physician at the proposed facility and he or she has to state in writing that you have a mental illness, you do not have the capacity to admit yourself and you need treatment in the facility. The admission can only last 10 days; after that time, if you still do not have capacity to consent to admission, you will have to go through the commitment procedure. Remember that as long as you have capacity to make this decision, your agent does not have any authority to admit you. We are only talking about those times when you become too unwell to make informed decisions about your mental health care.
You can choose whether to allow admission only if you do not protest it or you can allow the admission even over your protest. Some people want their agent to make the admission decision when they are unwell because they know they do not make rational decisions when they are not doing well emotionally or mentally. You are the expert in your own recovery and treatment and only you know what is best for you. If you do allow your agent to admit you to a mental health facility even over your protest, you will need to get a doctor's signature on the form stating that you understand this decision and the consequences. If you choose this option, there will be a space on the form for this signature. You generally do not have to have a doctor's signature on an Advance Directive, but if you choose to be treated over your objection, you will need your doctor's signature.
NEXT - Screen 11: Treatment Over My Objection
BACK to Screen 9: More Agent Powers
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