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Marietta Estate Planning Lawyer: Mental Health and Health Care Directives

Marietta Estate Planning Lawyer: Mental Health and Health Care Directives

Advance directives of healthcare, including components formerly called the Living Will, Health Care Agent Designation, and HIPAA Medical Release, are crucial elements of every estate plan in Marietta. One issue that does not come up very often when discussing health care directives, though, is mental health. Mental health falls into the realm of health care and, as such, is covered by health care directives.

Health care directives can be a great help to those suffering from mental health issues as it can allow a loved one to help make decisions about care, discuss treatments and medications with health care professionals, and fill out the documentation that’s sometimes necessary in order to receive needed health care services. Marietta GA estate planning attorneys advise that when making these types of decisions regarding who will advocate on your behalf in health care situations, especially when mental health issues are a concern, it is important to choose someone you trust to carry out your wishes.

However, it’s also worth noting that a standard health care directive may not be adequate when dealing with more extreme mental health issues, such as Alzheimer’s or schizophrenia. In these cases, it may be a good idea to consult with a Marietta estate planning lawyer regarding a “mental health care directive” that can be used for more extreme cases. Mental health care directives specifically cover items such as involuntary commitment, intensive therapy, and greater control over medications.

Of course, if a person is not cognitively capable of signing a legal document like a mental health care directive, this document will not end up doing anyone any good. In cases where a person’s mental state will not allow them to sign a legal document, a conservatorship or guardianship hearing must be held at the probate court in order to give a caregiver the authority to make mental and physical health decisions for their loved ones. This can be a long and difficult process, and it would be wise to consult with an experienced Marietta estate planning lawyer in order to determine what course of action would be best for your individual situation.

If you have questions about your health care directives, or if you’d like more information about how having health care directives can provide peace of mind when mental health issues are of a concern, please contact our Marietta estate planning law firm at 770-425-6060 or to set up a Georgia Family Treasures Planning Session at no charge.

A Parent Sanity Protection Kit For Georgia Parents of Graduating Seniors

Georgia Parents of Graduating Seniors:


Did you know…

Now that your graduating senior is “legally” an adult, you can no longer make important medical or financial decisions on his or her behalf?

UNLESS you have these 3 things in place…… (see below to discover how EASY it is to legally intervene if your child is injured or otherwise unable to speak on his or her behalf!)

Your graduating senior may still be your baby, but in the eyes of the law he or she is now an ADULT!

That means you can no longer make important medical or financial decisions for your child without their permission.

But let’s face it….your job of being a PARENT doesn’t stop just because your child turns 18.  If there’s a medical emergency or your child asks for financial help, you NEED the ability to cut through the legal red tape and get involved.

FACT: Doctors, hospitals or financial institutions will NOT bend the rules on this! It’s against privacy laws.  You must have 3 KEY DOCUMENTS in place to make important medical or financial decisions on your child’s behalf (just imagine the nightmare of your child getting hurt hundreds of miles away at school and the hospital refuses to give you so much as a status update!).

I call these 3 key documents the Parent Sanity Protection Kit, as they give you the legal permission you need to HELP your child and avoid more gray at the same time!

  • Advance Health Care Directive

  • Financial Power of Attorney

  • HIPAA Forms

Parent Sanity Kit EBook crop

To ensure your child is protected before the summer or college starts, you can now receive this critical Parent Sanity Protection Kit  just $350 when you call 770.425.6060 and schedule your appointment by June 30th.

P.S. – Graduation Gift for YOU, too, Moms and dads:  Mention this blog post and receive a FREE Georgia Family Treasures Planning Session (normally $750) to go over YOUR will, trust or other legal documents!  Having an “adult” child is a huge life-change for mom or dad too and your estate planning documents must be updated accordingly!

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