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Published Online: 18 December 2020

Implementing Psychiatric Advance Directives: The Transmitter and Receiver Problem and the Neglected Right to Be Deemed Incapable

Abstract

Psychiatric advance directives (PADs) can help adults with serious mental illnesses preserve their autonomy and avoid involuntary interventions during an incapacitating mental health crisis. A PAD is a legal document prepared while mentally competent and states the person’s treatment preferences to be implemented during a future crisis, ideally with the advocacy of an authorized proxy decision maker. PADs have been available in the United States for more than three decades but have yet to be robustly implemented in practice. This Open Forum describes PADs metaphorically as a device for remote communication among the person with mental illness, a proxy decision maker, and health care providers. Barriers to PAD usage occur on both “transmitter” and “receiver” sides and must be addressed to advance PAD implementation.

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Published In

Go to Psychiatric Services
Go to Psychiatric Services
Psychiatric Services
Pages: 219 - 221
PubMed: 33334149

History

Received: 2 September 2020
Revision received: 19 October 2020
Accepted: 16 November 2020
Published online: 18 December 2020
Published in print: February 01, 2021

Keywords

  1. Advance directives/proxies, Competency &amp
  2. consent

Authors

Details

Marvin S. Swartz, M.D. [email protected]
Services Effectiveness Program, Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, and the Wilson Center for Science and Justice, Duke University School of Law, Durham, North Carolina.
Jeffrey W. Swanson, Ph.D.
Services Effectiveness Program, Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, and the Wilson Center for Science and Justice, Duke University School of Law, Durham, North Carolina.
Michele M. Easter, Ph.D.
Services Effectiveness Program, Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, and the Wilson Center for Science and Justice, Duke University School of Law, Durham, North Carolina.
Allison G. Robertson, Ph.D., M.P.H.
Services Effectiveness Program, Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, and the Wilson Center for Science and Justice, Duke University School of Law, Durham, North Carolina.

Notes

Send correspondence to Dr. Swartz ([email protected]).

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