Mental Health Treatment Declaration
(TX)

Summary

This template is a declaration for mental health treatment for use in Texas. The template serves as an advanced directive for mental health treatment and enables the principal to specify his or her treatment wishes in advance of incapacity. This template includes practical guidance, drafting notes, and an optional clause. This template follows the statutory text for the Declaration of Mental Health Treatment found at Tex. Civ. Prac. & Rem. Code § 137.011. The use of the exact language from the statute is not mandatory, however; the declaration must be in substantially the same form to be valid. A declaration for mental health treatment in Texas may be executed by an adult who is not incapacitated. An executed declaration is valid for three years from the date of execution, unless revoked earlier by the principal. In the event that the principal is incapacitated on the third anniversary of the declaration's execution, the declaration remains in effect until the principal is no longer incapacitated. Tex. Civ. Prac. & Rem. Code § 137.002. In Texas, a declaration for mental health treatment does not serve as a medical power of attorney nor does it enable the principal to nominate a health care agent within the declaration itself. Rather, this template serves as binding guidance on mental health treatment for the principal's healthcare agent and healthcare providers in the event of the principal's incapacity. Tex. Civ. Prac. & Rem. Code § 137.004. Any specific questions that the principal may have regarding the advisability of certain treatment options should be referred to the principal's medical doctor. Principals may wish to execute this document in conjunction with a Directive to Physicians and Family or Surrogates (TX), a HIPAA Release (TX), and a Medical Power of Attorney (TX). For an in-depth discussion of advance health care directives in Texas, see Living Wills and Healthcare Surrogates (TX). For additional information on powers of attorney, see Types of Powers of Attorney and Authority Granted (TX). For a list of key resources that address healthcare advance planning topics, see Healthcare Advance Planning Resource Kit.