“This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it’s the best care that I’ve ever received.” Read More PAD Stories...

About PADs

  • A psychiatric advance directive (PAD) is a legal document that documents a person’s preferences for future mental health treatment, and allows appointment of a health proxy to interpret those preferences during a crisis.
  • PADs may be drafted when a person is well enough to consider preferences for future mental health treatment.
  • PADs are used when a person becomes unable to make decisions during a mental health crisis.

Legal Issues

Scales

“Clausen (2015) Making the Case for a Model Mental Health Advance Directive Statute” PDF Yale Journal of Health Policy, Law, and Ethics. Volume 14, Issue 1.

“Perlin & Weinstein (2016) Said I, ‘But You Have No choice’: Why a Lawyer Must Ethically Honor a Client’s Decision About Mental Health Treatment Even if it is Not What S/He Would Have Chosen” PDFNYLS Legal Studies Research Paper No. 2828288.

“U. S. District Court for the District of Vermont — Hargrave v. Vermont DecisionPDF

“Hargrave amicus brief — Bazelon and P&A” PDF

“Hargrave amicus — MH Commissioners” PDF

“US Court of Appeals for the Second Circuit — Hargrave vs. Vermont Decision” PDF

“Appelbaum (2004) PADs and Treatment of Committed Patients — Hargrave v VermontPDF

“Letters on Hargrave” PDF

“Swanson et al. (2006) Superseding PADs — Ethical & Legal Considerations”   PDFThe Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.

“Appelbaum (2006) Commentary 1 on Superseding PADs” PDFThe Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.

“Szmukler & Dawson (2006) Commentary 2 on Superseding PADs” PDFThe Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.

“Bernstein (2006) Commentary 3 on Superseding PADs” PDFThe Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.