UNDER THE LAW: Treatment Advocates and Mental Competency

This post's subject matter is LONG overdue.



Oklahoma, do you know...?

There's a statute under Oklahoma Law, that stiplulates a person with mental illness has the right to a designated Treatment Advocate.  This means, unless the person has been deemed officially incompetent by a court of law, they are allowed to sign a Treatment Advocate form, in order for this person to be a voice on their bahalf, and all those in charge of the administration and care of the patient MUST comply with the wishes of the patient's TREATMENT ADVOCATE.

Hospitals/Facilities (Inpatient or Outpatient, community-based, acute care, et al.)
  Residential Care Facilities (RCF's, Nursing homes, and all other.)
    PACT teams (Programs of Assertive Community Treatment)
      Psychiatrists/Doctors
        Nurses - RN/LPNs
          Med Passers
            Therapists
              Behavioral Health Specialists
                Physician Assistants
                  Social Workers
                    Case Managers
                      Discharge Planners
                        Staff/Employees/Administrators
                          Lawyers for the ODMHSAS
                            Consumer Advocates for the ODMHSAS
                              EMT/Paramedics (if they are licensed as a mental health professional)

                                      etc., etc., etc...

ALL licensed mental health professionals are required to adhere to and respect the designated

Treatment Advocate 

that speaks on behalf of the patient, and as such, are allowed to make decisions on their behalf.

Truth.
We've had a very refreshing and kind of shocking thing happen since Jeff was discharged from the Tulsa facility where he was for 185 days.

For the first time, Mom - Jeff's #1 Treatment Advocate, was contacted by Grand Lake Mental Health Center to ASK for her input.

WHAT?!!!  Could this be real?  She thought she was dreaming!!!!

This is what is supposed to happen.  Having an advocate in place, when the person is suffering and needs those that care about him/her to offer input to HELP THEM HELP the patient.

This was the very first time, in all these years, the caregivers asked.  The legal case we just finished had a lot to do with adhering to this statute, and sometimes it was like pulling teeth.  Gnashing, for sure...

Should those that work in mental health field already know this?  (Resounding>) YES!
Sadly, that has not been the case.

There are times, folks being paid to "care" for the mentally ill, sometimes just DON'T.  (care)  
#speakingfromexperience #sorrynotsorry #bringittothelight!

For years and years,

mother has carried around a 

Designation of Treatment Advocate Form

that Jeff signed

and almost EVERY HOSPITAL 

HAS DISREGARDED IT.

Here's the statute.  Look it up yourself:
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=436655



PDF 
if the 
link 
doesn't 
want to
cooperate.
Voila!
 >>>>>>>>>>>

The facility is tasked with offering this to the patient.  But believe me, it hardly ever happens.

This is yet another BIG PROBLEM, and why the jails and streets are filled with individuals with a mental illness diagnosis.

The Treatment Advocate can ease the burden by streamlining appropriate care, because they know this person, whereas the facility and caregivers do not.  
                                     *************************************************************

In a field where none of these conditions can be proven in a lab, or a scan, by bloodwork, or in a petri dish...you'd think the caregivers would want as much HELP as they could get.  And if they don't, WHY NOT?  It's a subjective field, and opinion often changes from one caregiver/facility/doctor to the next, so the common thread is the TREATMENT ADVOCATE.  It boggles my mind why the blatant disregard!

Our plan is to spread the word about 

Designated Treatment Advocates 

under 

Oklahoma Statute under 43A O.S. § 1-109.1

Another aspect: 

It's highly misunderstood that a person can be court committed for mental health treatment, but that does not mean they have been deemed legally incompetent.  There has to be a separate competency hearing for that to happen.  Hospitals and caregivers routinely tell people they are not allowed to sign Treatment Advocate forms after being court committed.  

THIS IS FALSE

if they have not had the required separate legal proceeding deeming them officially incompetent.  

Yet another way those that need the most help,

get the SHAFT.

"Universal Citation: 43A OK Stat § 43A-1-105 (2014) 

No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court.

See:
https://law.justia.com/codes/oklahoma/2014/title-43a/section-43a-1-105

Furthermore...

regarding Treatment Advocate rights to records 

obo the patient in question:

"The court shall make and keep records of all cases brought before it. ...

Except as provided in Section 3 of this act, no records of proceedings pursuant to this section shall be open to public inspection except by order of the court or to employees of the Department of Mental Health and Substance Abuse Services, the person's attorney of record, the person's treatment advocate as defined pursuant to Section 1-109.1 of this title"

See:

https://law.justia.com/codes/oklahoma/2016/title-43a/section-43a-5-415/


<<<<<<<

Providing 
every 
means 
of 
reading 
this.  

You're 
welcome!

<<<<<<<
*************************************************************

Our Mother, Marilyn Welton, has been a diehard Warrior for the most chronic suffering with these issues.  To her, every person like Jeff - IS Jeff.  It's time we obeyed the LAW and allowed the Treatment Advocates to do the job their loved one asks of them.  It's not an easy job, and Treatment Advocates do not get "paid".  Quite the opposite!  They would be in a category of the most selfless, generous, unconditionally caring of types.  Treatment Advocate should be held in high esteem, as it is very difficult, mostly thankless, time-consuming, emotionally painful and draining, expensive, and is met with opposition as the norm.  
Again, another backward situation in my home state.   grrrr....!

I long for the day when I can brag about Oklahoma 
and it's Mental Health practices.  

We are weary of fighting against all odds.

I believe, until the attitudes of those in charge of our loved ones does a 180, the state will continue to rack up more and more statistics that demonstrate decline and criminalization, instead of the progress we all long for and need.

IDEA:

If you have a mental illness diagnosis,

ask your caregiver for a Treatment Advocate form.  

If they don't know what it is, direct them to THIS blog link,
https://notesfromjackie.blogspot.com/2018/09/
and have them contact

www.ODMHSAS.org 

to ask where they can get one. 

 #PowerOfThePeople~!

Here's our HOPE:  That the Oklahoma Department of Mental Health and Substance Abuses Services will, sooner than later, offer a UNIVERSAL Treatment Advocate form for download from the ODMHSAS website, so everyone will have easy access and information about being advocates for those they care about.  To take it even further, we believe the ODMHSAS should design a portal for easy UPLOAD of the completed form, so authorized caregivers/facilities/entites can "sign in" and gain access to the form, no matter where in the entire state, a suffering soul might possibly end up.  You see, it's the most chronic this will help.  Those that are the biggest burden to the system, as well as being the most forgotten.  This will help to end them slipping through the preverbial cracks.

Let's help them, shall we?

Until next time.
Jackie Welton DiPillo