(1) The legislature declares that an individual with capacity has the ability to control decisions relating to his or her own mental health care. The legislature finds that:

     (a) Some mental illnesses cause individuals to fluctuate between capacity and incapacity;

     (b) During periods when an individual's capacity is unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed consent;

     (c) Early treatment may prevent an individual from becoming so ill that involuntary treatment is necessary; and

     (d) Mentally ill individuals need some method of expressing their instructions and preferences for treatment and providing advance consent to or refusal of treatment.

     The legislature recognizes that a mental health advance directive can be an essential tool for an individual to express his or her choices at a time when the effects of mental illness have not deprived him or her of the power to express his or her instructions or preferences.

     (2) The legislature further finds that:

     (a) A mental health advance directive must provide the individual with a full range of choices;

     (b) Mentally ill individuals have varying perspectives on whether they want to be able to revoke a directive during periods of incapacity;

     (c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want their directives treated during periods of incapacity; and

     (d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.

     Consequently, the legislature affirms that, pursuant to other provisions of law, a validly executed mental health advance directive is to be respected by agents, guardians, and other surrogate decision makers, health care providers, professional persons, and health care facilities.

[2003 c 283 § 1.]