§ 137.001.Definitions

Eight definitions, and three of them determine when and how the chapter operates.

"Mental health treatment" means electroconvulsive or other convulsive treatment, treatment of mental illness with psychoactive medication, or emergency mental health treatment.

Three categories, and the chapter reaches nothing else. A declaration under this chapter is not a general advance directive; it addresses the treatments a person may most want to speak to in advance and cannot consent to once incapacitated.

"Incapacitated" is defined by who decides and by a two-part test. It means that in the opinion of the court, in a guardianship proceeding or a medication hearing, a person lacks the ability to understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives, and lacks the ability to make mental health treatment decisions because of impairment.

A court makes the finding, not a physician. That is the chapter’s central protection: a declaration takes effect only on a judicial determination, so a treating doctor cannot decide that a patient has lost capacity and apply the document.

"Emergency" is defined by immediate necessity to prevent probable imminent death or serious bodily injury where the patient is threatening or attempting suicide or serious self-injury or is unable to satisfy their need for nourishment, essential medical care, or self-protection — or to prevent imminent physical or emotional harm to another.

The remaining definitions supply the cast. An "adult" is a person 18 or older, or a minor whose disabilities of minority have been removed; the "principal" is the person who executed the declaration; the "attending physician" has primary responsibility for the patient’s care; and "health care provider" reaches individuals and facilities alike.