The Rise of The Psychiatric Advanced Directive (PAD)

By Arash Shabany, Law Clerk, The Law Firm of Foster Krueger

What is a PAD?

A legal instrument that has recently grown in popularity is the Psychiatric Advance Directive (PAD). The PAD lets you clarify your mental health treatment preferences in advance of a mental health crisis, while you are capable of making decisions about your care.

A PAD may be a portion of your Advanced Health Care Directive, but can also serve as a standalone document.

Life can be quite unpredictable, and there may be moments in the future when you don’t feel well enough or are unable to make decisions regarding your mental health treatment.  The PAD lets you take control now and helps guarantee your wishes are fulfilled.

Who Should Have a PAD?

Anybody with a documented mental health condition, such as depression, bipolar disorder, OCD, or anxiety, needs a PAD. Even if you are doing well now, a PAD serves as a reassurance, making certain that your voice is heard during challenging times.

Additionally, a PAD isn't just for those with existing mental health conditions—it’s also a tool for anyone who wants to plan for the unexpected, including the possibility of incapacity due to age, illness, or an emergency.

What Constitutes a PAD?

Like an Advanced Health Care Directive, you must first designate a health care agent, someone you trust to make decisions as authorized in your PAD.

The rest of the PAD constitutes your preferences for treatment, including but not limited to:

• Preferred physicians and psychiatrists
• Preferred treatment facility in the case of 24-hour care
• Who should be notified of your admission to a treatment facility
• Your choices regarding routine medications for psychiatric treatment, especially medications you refuse to take or the maximum dosages of medications you are willing to take
• Your choices for methods to avoid emergency situations
•  Your preferred emergency intervention(s)
• Your consent or refusal to undergo electroconvulsive therapy
• People are prohibited from visiting you
• And any other mental health care instructions

Ready to Plan Ahead?

Whether you're managing mental health conditions or simply preparing for an unforeseeable future, a Psychiatric Advance Directive is a practical step to take control of your well-being. You can visit our Legal Resources Page to review and download a copy of a blank Advanced Healthcare Directive form and the Psychiatric Advanced Directive on our website.

If you’d like to learn more or start creating your PAD, please contact us today. We’re here to guide you through every step of the process and reduce any worries you may have.