Legislative declaration—Findings.

(1) The legislature declares that an individual with capacity has the ability to control decisions relating to his or her own behavioral health care. The legislature finds that:(a) Some behavioral health disorders cause individuals to fluctuate between capacity and incapacity;(b) During periods when an individual's capacity is unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed consent;(c) Early treatment may prevent an individual from becoming so ill that involuntary treatment is necessary; and(d) Individuals with behavioral health disorders need some method of expressing their instructions and preferences for treatment and providing advance consent to or refusal of treatment.(2) The legislature 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 a behavioral health disorder have not deprived him or her of the power to express his or her instructions or preferences.(3) The legislature further finds that:(a) A mental health advance directive must provide the individual with a full range of choices;(b) Individuals with behavioral health disorders have varying perspectives on whether they want to be able to revoke a directive during periods of incapacity;(c) 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(d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.Consequently, the legislature 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.[ 2021 c 287 s 1; 2003 c 283 s 1.]