Power of attorney for mental health 

On Behalf of | May 21, 2025 | Estate Planning |

Mental health challenges can be unpredictable. Whether depression, bipolar disorder or another condition, there may come a time when you are unable to make decisions for yourself. In this case, you can leverage a power of attorney (POA) for mental health to offer protection and peace of mind. 

Most people think of POAs in terms of finances or aging parents. But if you live with a mental health condition or care for someone who does, having a mental health power of attorney (MHPOA) is just as important. It allows you to choose someone you trust to make care decisions when you are not in the right state to do so yourself. 

What does it really mean to plan ahead 

Having a mental health POA in place does not mean you are giving up control. It shows you are ready for tough days. This person, also called your “agent,” steps in only if you are declared unfit to make decisions on your own. Here are a few things to think about as you put this plan together: 

  • Pick someone who understands your values: Choose someone who will respect your wishes about medication, hospital care or therapy options. 
  • Talk about your boundaries: What are you comfortable with? Would you want inpatient treatment? Do you prefer a certain doctor or facility? 
  • Put it in writing: Be specific in your MHPOA document. Do not just be general by saying “mental health care”—explain what that means to you. 
  • Keep it updated: Your feelings and needs may change. Review your MHPOA every couple of years or after big life changes. 
  • Tell the right people: Make sure your agent, doctor and a close family member all have a copy of your POA. 

Making these decisions now gives you more control later. It can also reduce stress for your loved ones during a crisis. 

Legal feedback can come in handy if you are unsure where to start or how to put it all together legally. It can help ensure your POA follows state laws and truly protects your mental health needs. 

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