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
“Clausen (2015) Making the Case for a Model Mental Health Advance Directive Statute” 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” NYLS Legal Studies Research Paper No. 2828288.
“U. S. District Court for the District of Vermont — Hargrave v. Vermont Decision”
“Hargrave amicus brief — Bazelon and P&A”
“Hargrave amicus — MH Commissioners”
“US Court of Appeals for the Second Circuit — Hargrave vs. Vermont Decision”
“Appelbaum (2004) PADs and Treatment of Committed Patients — Hargrave v Vermont”
“Swanson et al. (2006) Superseding PADs — Ethical & Legal Considerations” The Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.
“Appelbaum (2006) Commentary 1 on Superseding PADs” The Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.
“Szmukler & Dawson (2006) Commentary 2 on Superseding PADs” The Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.
“Bernstein (2006) Commentary 3 on Superseding PADs” The Journal of the American Academy of Psychiatry and the Law. Volume 34, Number 3.