involuntary hospitalization and outpatient services laws - Disability ...

Effect of an Advance Directive
______________________________________________
A person may have an Advance Directive or durable health care power of
attorney. The court may consider the content of these documents and receive
testimony on them, but the law states that the court is not bound by their contents.
But see also the provisions of 18-A MRSA §5-807 regarding the obligations of a
health care provider when an individual has an advance directive.
34-B MRSA § 3873-A(5)(F)
Court Action and Decision on Application
______________________________________________
The court must answer the following questions when deciding whether the
person may be admitted to the Progressive Treatment Program.
Does the person have a severe and persistent mental illness?
Does the person pose a likelihood of serious harm as defined for purposes
of the progressive treatment program? (p. 27) This includes a requirement
that the person lacks ability to make an informed decision.
Does the person have a suitable individualized treatment plan?
Are community resources available to support the treatment plan?
Is it unlikely that the person would follow the treatment plan voluntarily?
Will compliance with the plan help to protect the person from interruptions
in treatment, relapses or deterioration of mental health?
Will compliance with the plan enable the person to survive more safely in a
community setting without posing a likelihood of serious harm?
The definition of likelihood of serious harm would require that the court
consider the person’s treatment history and current behavior.
34-B MRSA §3873-A(1)
35