37-11-9. Witness requirement; period of validity; civil liability of witnesses; copies.

A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound mind, is not under duress, fraud, or undue influence, and signed his or her directive in the witness’s presence or acknowledges signing his or her directive. For purposes of this subsection, the term “of sound mind” means having a decided and rational desire to create a psychiatric advance directive.#

A validly executed psychiatric advance directive shall become effective upon its proper execution and shall remain in effect until revoked by the declarant.#

The following persons shall not serve as witnesses to the signing of a directive:#

1. (1)

   A provider who is providing mental health care to the declarant at the time such directive is being executed or an employee of such provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in the declarant’s mental health care;#

2. (2)

   An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such person is a family member, friend, or associate of such declarant and is not directly involved in the declarant’s mental health care; or#

3. (3)

   A person selected to serve as the declarant’s mental health care agent.#

A person who witnesses a psychiatric advance directive in good faith and in accordance with this chapter shall not be civilly liable or criminally prosecuted for actions taken by an agent.#

A copy of a directive executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document.#