Health & Benefits

What is a Declaration for Mental Health Treatment? 

A Declaration for Mental Health Treatment is a legal document. It is a way for adults “of sound mind” to share their preferences for future mental health treatment. This document must be followed by doctors and mental health providers except as otherwise provided by law or in emergency cases where your life or health is in danger. 

The person making the declaration for their personal mental health treatment is called the “principal.” As the principal, you can say the kind of treatment you want or don’t want for: 

• Psychotropic medication, 
• Electroconvulsive therapy, and 
• Short-term admission to a mental health facility (up to 17 days). 

You can also note conditions or limitations related to your treatment. 

In the declaration, you can appoint an attorney-in-fact and an alternative. If 2 doctors or a court determine you are unable to give or withhold informed consent for mental health treatment, your attorney-in-fact can then make these decisions for you. Your attorney-in-fact must make decisions based on: 

• Your stated wishes in the declaration, 
• Your wishes as they are known by your attorney-in-fact, or 
• What the attorney-in-fact believes in good faith to be your best interests. 

How do you complete a Declaration for Mental Health Treatment? 

Declaration forms are available online from: 

• The Illinois Department of Public Health, and 
• The Illinois Guardianship and Advocacy Commission. 

You may complete the declaration form on paper or electronically. On the form, you can share detailed preferences for your future mental health treatment. 

To be valid, your declaration form must be signed by you and 2 qualified witnesses. Your witnesses must sign and affirm that: 

• They know you, and you are the principal, 
• You initialed or signed the declaration, or acknowledged your initials or signature, in their presence, 
• You appeared to be of sound mind and not under duress, fraud, or undue influence, and 
• They are qualified to sign as witnesses. 

The following people cannot sign as witnesses: 

• The attorney-in-fact named in your declaration, 
• Your attending physician, mental health provider, or a relative of your physician or provider, 
• The owner, operator, or relative of an owner or operator of a facility where you are a patient or resident, or 
• A person related to you by blood, marriage, or adoption. 

If you are appointing an attorney-in-fact, that person must accept the appointment in writing. You can also name an alternative attorney-in-fact as a successor. This is a good idea in case your original attorney-in-fact is unable or unwilling to act on your behalf. An attorney-in-fact can withdraw at any time. 

When you have completed your declaration, give a copy to your attending physician. It will become a part of your medical record. You can continue to give or withhold informed consent for treatment unless 2 physicians or a court decides you are incapable of making treatment decisions. 

Do doctors have to follow the preferences in your declaration? 

Most of the time, yes. A doctor or mental health provider must act according to the wishes you expressed in the declaration unless: 

• A court order is issued in contradiction,  
• There is an emergency endangering life or health, or 
• A court is handling your mental health treatment as provided by law. 

A doctor may also withdraw from providing treatment based on their independent medical judgment. This may happen if the doctor is unwilling to follow your declaration. 

How long does a Declaration for Mental Health Treatment last? 

Generally, the declaration lasts for 3 years. If you become incapable of making mental health decisions and this 3-year period is ending, the declaration will continue until you are able to give or withhold informed consent for treatment again. 

You can revoke the declaration or part of the declaration at any time in writing, but you must first be found capable of giving or withholding informed consent for mental health treatment by a physician. To revoke the declaration, both you and a physician must sign a revocation. The revocation can be the revocation portion of your original form or a separate document. You must deliver the revocation to inform your attending physician.