How to Write a Mental Health Power of Attorney

A power of attorney agreement allows one person to make decisions and act on the behalf of another in certain situations. Although they are often used for financial or legal matters, it is not uncommon for a power of attorney agreement to be only enforceable if the mental health of the principal is questioned. These are often used by those with a history or probably of future mental health problems, including schizophrenia, bipolar disorder and Alzheimer's. In the event that the principal can no longer make decisions about their legal and financial matters, the POA holder will step in and act on their behalf.

Instructions

• 1

  Choose a competent and trusted POA holder. The POA holder should be of legal age, mature enough to make good decisions and capable of acting on the principal's behalf. Avoid choosing an elderly, chronically ill or unstable POA holder.

• 2

  Familiarize the POA holder with the expectations of the principal. The POA holder should understand exactly what the principal wishes to be done in all situations. This is to avoid situations where the POA holder is uncertain of how to act on behalf of the principal.

• 3

  Draw up the mental health POA paperwork. The POA paperwork should reflect that the POA holder would only have power of attorney if the principal were considered mental incompetent and no other times. If the principal wishes to only give power of attorney for specific instances, such as legal dealings, this should be reflected as well. The POA paperwork should be signed by the principal and notarized to make it legal. The POA holder should keep an original set of POA paperwork for his own records, and the principal should have a set too.

• 4

  Notify all interested third parties about the medical POA and provide a copy for their internal records. This might include lawyers, doctors and banking institutions. Do not forget to inform close relatives so that there is no surprise within the family if the medical POA has to be enforced.