Georgia now allows expanded mental health guidelines

Georgia is now one of 25 states where people can write directives for their future mental health care should they experience a behavioral health crisis.

Psychiatric advance directives (PADs) were legalized in Georgia last year, although not many people have heard of them.

That’s why Ellyn Jaeger and Stephanie Diaz spoke about the legal document earlier this month during a panel discussion at the 2023 National Alliance of Mental Illness conference in Atlanta.

You work at the Georgia Office of Advocacy, but Jaeger has worked for years to create a legal document that specifically mentions mental health and not just warns about physical illnesses like diabetes.

This law is an important development for Georgia residents who have experienced a mental health crisis, have a mental health diagnosis, or have a family member with a mental health diagnosis. House Bill 752 allows Georgia residents to plan and maintain their independence in terms of treatment and care.

“This legislation has been proposed and failed for at least 12 straight years, which is a very, very long time to work on anything,” Jaeger said. “And then there was a little break and then we came back and tried again. And again it failed.”

She said there is no official rollout and her office’s goal is to raise awareness.

A PAD allows someone to now record their preferences for future mental health care and even designate someone to make treatment decisions in the event the author loses behavioral control.

It’s like a medical alert bracelet specifically designed for mental health.

But the way living wills for physical ailments were created didn’t provide an opportunity to talk about mental health emergencies.

“Strictly speaking, if you go into a coma, if that happens, that happens,” Jaeger said. “Mental health is not mentioned at all. And that’s exactly what a psychiatric living will is. It’s about what’s happening to you mentally.”

Jaeger said when she reviewed the legislation to see if she wanted to get involved, she got the opinion of her public defender daughter.

“‘Mom, when I’m defending someone, it’s really important that I hear their words,'” Jaeger quoted her daughter as saying. “She said, ‘The PAD helps me understand her true mindset.’ Not crisis thinking, but real thinking.’”

PADs can be shared with local hospitals, healthcare providers and police departments, reflecting the author’s preference for care in a crisis.

“When you lose control, everyone stops listening,” Jaeger said. “The PAD remains in your control. The PAD says exactly what you want to say and articulates it in a way you would most like to say without you having to do it in the moment.”

Georgians can visit NAMI’s website and find a flyer with more information, instructions and a fillable form on how to create a PAD.